Agreement for Raising of the Mangla Dam
ISLAMABAD, Jun27-Chairman WAPDA Lt.General (Retd) Zulfiqar Ali Khan, Secretary Water & Power, Saeed Ullah Jan, and Chief Secretary AJK Shahid Rafiq signing on the documents of an agreement for raising of Mangala Dam during a signing ceremony in Islamabad. Prime Minister of Azad Kashmir, Sardar Sikandar Hayyat Khan & Aftab Ahmed Khan Sherpao, Federal Minister for Water & Power witness on the occasion
|This Agreement is made at Islamabad on the 27th day of June, 2003 among the Ministry of Water & Power, Government of the Islamic Republic of Pakistan (here in after referred to as “the Ministry”, which expression shall include legal representatives and assignees) of the First Part,
The Azad Government of the State of Jammu and Kashmir (hereinafter referred to as “the Government”, which expression shall include the legal representatives and assignees) of the Second Part,
The Water and Power Development Authority, a body corporate established under the Pakistan Water and Power Development Authority Act,1958 (W.P. Act XXXI of 1958)(hereinafter referred to as “the WAPDA”, which expression shall include successors-in- interest and legal representatives) of the Third Part.
WHEREAS, the Government of Pakistan felt the necessity of raising the height of Mangla Dam to save and utilize the available water and to further utilize the hydro power potential which would result in displacement of people living in Mirpur District of the Azad Government of the State of Jammu and Kashmir and submergence of their properties;
WHEREAS, the Azad Government of the State of Jammu and Kashmir, having the support and consensus of the people of the state in general and those to be displaced in particular, agreed that the Mangla Dam raising project hereinafter referred to as “the Project”) may be executed for the well being and prosperity of the people of Pakistan and the AJK.
AND WHEREAS, negotiations were held between the Government of Pakistan and the Azad Government of the State of Jammu and Kashmir in which both the parties agreed on terms and conditions which were drawn before the inauguration of the Project and are being made part of this Agreement;
NOW, THEREFORE, this Agreement has been signed among the Parties mentioned here in before.
1.1) The height of the Mangla Dam under the Project shall be raised by 30 feet.
Clause 2: Old Affectees:
2.1) The old affectees of Mangla Dam comprising 7707 families and having land holding of half an acre or more per family, shall be compensated at the rate of RS.2,00,000/- (two hundred thousand) per family after verification of their exact number. The claim of WAPDA that 4481 families had given an undertaking that they did not require land will be verified by a joint committee of the Government and WAPDA already set up. The 6126 families who owned less than half an acre land shall not be further compensated as they have already been fully compensated.
2.2) The ministry shall help in ensuring that governments of thePunjab and Sindh will grant proprietary rights to the 562 families who have not yet been given proprietary rights to their land and allotment of residential plot to 2799 families subject to verification by the Government of the authenticity of power of attorney of the affectees.
Clause 3: Acquisition of land and built up property:
3.1) The Government shall make available land required for the raising of Mangla Dam for perpetual use by the Ministry for the said purpose, subject to the condition that the Government shall retain proprietary rights over such land.
3.2) The WAPDA shall pay land compensation the the new affectees at the market rate plus 15% compulsory acquisition charges in accordance with Land Acquisition Act, 1894(Act NO.1 of 1894) as enforced in the territory of the Azad Government of the State of Jammu and Kashmir.
3.3) The WAPDA shall play market price (replacement cost) to the owners of the houses and additional 10% shall be given above the price. The affectees shall also be allowed to carry the ‘malba” of the houses. The refugees of IOK settled on the AJK and WAPDA lands shall be paid minimum Rupees three lacs per family plus five marla plot free of cost. Those refugees of IOK who are living on their own land, shall be paid compensation as paid the other affectees and shall also be entitled to plots between five marlas and one kanal on payment of cost of land and the development charges shall be borne by the WAPDA, the AJK affectees including those occupying WAPODA/Government lands will also be paid minimum compensation for a house @ $s.3 lacs and shall also be entitled to plot of five marlas to one kanal on payment of cost of land. The development charges shall, however, be borne by WAPDA..
Clause 4: Package for new affectees:
4.1) The WAPDA shall build one city near Mirpur and 4 towns as close as possible to the affected area. The WAPDA will provide the required facilities/infrastructure. The Government shall make state land available to the WAPDA on payment at site-II fornew city. A part of site-II is under the use of the Army as grassland. The Government shall offer to the Army alternate land for use as grassland at site-I. The Minister for Kashmir Affairs and Northern Areas and States and Frontier Regions, Government of Pakistan will co-ordinate with the Government and the Army for relocating the Army grassland from site-II to site-I.
| 4.2) The Ministry shall establish a major vocational training institute at Mirpur. In addition, four new male vocational training centers will be established in the proposed townships, and existing four centers for females will be strengthened. In addition, the WAPDA will take steps for imparting skills in other fields.
4.3) The compensation package shall be implemented by a Committee under the Ministry of KANA, which shall comprise of representatives of the Government, the Ministry and the WAPDA.
Clause 5: Power Sector:
5.1) The WAPDA shall drop its claim of outstanding liability of Rs. 0.9 billion against the Government. Similarly the Government shall also drop its claim with regard to any reimbursements from the WAPDA. The AJK Council shall drop its claim o9f re-imbursement against the Government for the amount of Rs.1.4 billion already paid to the WAPDA by the Council as ordered by the competent authority vide C.E. Secretariat U.O. No. 1313/DS(C-2/2000,dated 29-6-2000.
a) At present the Government of Pakistan has fixed the rate at Rs. 4.20/KWH for the AJ&K. The WAPDA shall bear Rs. 0.71 on the basis of 17% losses. The Government shall pay Rs. 2.44 and the Ministry shall pick up Rs. 1.05 as subsidy. In case of budgetary constraints of the Government, the Ministry shall pick up the additional liability of Rs. 0.12. This rate shall be deemed to have become effective from September, 2002 and shall be frozen till September, 2003.
Clause 6: Allied matters:
6.1) The WAPDA shall construct a bridge at Dhangali. The construction of another bridge(Mirpur to Islam Garrh) shall be taken up by the Ministry of KANA & SAFRON, Government of Pakistan and the Ministry of Finance and Revenue, Government of Pakistan shall provide fund under PSDP.
6.2) The WAPDA shall cater for the drawing of drinking water from the lake. The Government’s requirement of water for irrigation purposes shall be taken up with IRSA. The Ministry of KANA and SAFRON, Government of Pakistan shall represent the “Government” at IRSA.
6.3) Fishing rights will be given to the Government. The tender for fishing shall be floated on allPakistan basis.
6.4) The “Government” shall be responsible for maintaining recreation facilities in the Mangla Dam reservoir.
6.5) Fallowing works shall be undertaken as part of the Project:-
a) Construction of land links for Kharak and Pinyam(Chohan) disconnected by the Project;
b) Provision of water supply and sewerage to Mirpur city and four hamlets from PSDP;
c) Establishment of Resettlement Organization as approved by the Steering Committee notified vide the Ministry’s letter No.3(1)2002-AG dated 15th April, 2003 of the Project.
6.6) The former owners shall be permitted to cultivate the land on recession of water provided that no compensation shall be paid for damages due to fluctuation in reservoir water level.
Clause 7: Arbitration:
7.1) The Parties shall, while executing the Project, in case of any difference or dispute arising out of the application and/or interpretation of the Clauses hereinbefore, at the first instance settle by negotiations. If no settlement is arrived at, the matter shall be referred to arbitration of three arbitrators namely:-
· One arbitrator to be nominated by the Ministry and the WAPDA in consultation with each other;
· One arbitrator to be nominated by the Government; and
· The Chief Justice ofPakistanor a person nominated by him, shall be the Chairman of the Arbitral Tribunal.
The award made by the Arbitral Tribunal shall be final and binding on the Parties.
Clause 8: Entry into Force:
This Agreement shall enter into force on the date of signatures.
In Witness Whereof, the Parties aforementioned have signed this Agreement at the place and date above mentioned.
Ministry of Water & Power AJK Government WAPDA