Involuntary Resettlement Due Diligence Report July 2014

TAJ: CAREC Corridor 3 (Dushanbe-Uzbekistan Border) Improvement Project Prepared by Project Implementation Unit of Ministry of Transport of the Republic of Tajikistan for the Asian Development Bank.

I Involuntary Resettlement Due Diligence Report

1 ·

I

I I

I

I

l

I

r

I

Tajikistan: Reconstruction of access road to Gisar town

Prepared by: Ministry of Transport I Project Implementation Unit Road Rehabilitation for the Asian Development Bank

The Involuntary Resettlement Due Diligence Report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

I I I

I I

I

Contents Abbreviations and Acronyms ............................................................................................................. 3

General ............................................................................................................................................. 4

The Subproject .................................................................................................................................. 6

Impact and Outcome ...................................................................................................................... 6

Outputs .......................................................................................................................................... 6

Land Acquisition and Resettlement Impact ........................................................................................ 7

Land Acquisition ............................................................................................................................. 7

Temporary Disturbance .................................................................................................................. 8

Public consultations ........................................................................................................................... 8

Grievance Redress Mechanism ......................................................................................................... 9

Grievance mechanism during the implementation phase ............................................................... 9

Formation of Grievances Redress Committee (GRC) ..................................................................... 9

Findings ........................................................................................................................................... 10

Conclusions ..................................................................................................................................... 10

Involuntary resettlement impact checklist. ............................................................................ : ........... 11

I Abbreviations and Acronyms

I AP Affected person AE Affected Entity AH Affected household

I ADB Asian Development Bank AIDS Acquired immune deficiency syndrome ALMGC Agency for Land Management, Geodesy and Cartography CAREC Central Asia Regional Economic Cooperation cc Civil Code of the Republic of Tajikistan CRBC China Road and Bridge Corporation

f' DF Dekhan Farm DMS Detailed measurement survey EA Executing agency EMC External Monitoring Consultant

I FGD Focused group discussions GRC Grievance redress committee GRM Grievance redress mechanism

I . Ha Hectare HH Household ID Identity cards

I IM Independent monitor IR Involuntary resettlement Kg Kilogram LAR Land acquisition and resettlement LARP Land acquisition and resettlement plan LC Land Code of the Republic of Tajikistan

I LS Lump sump LURC Land use rights certificate M&E Monitoring and evaluation

I : MBTI Mezhraion (inter-district) bureau of technical inventory MOT Ministry of Transport NGO Non government organization Nol No objection letter PC Production Cooperative PIURR Project implementation unit for road rehabilitation PLU Primary land users

l PMC Project Management Consultant PPTA Project preparatory Technical assistance PSA Poverty and social assessment

I Row Right of way RT Republic of Tajikistan SI Serial number

l. SLU Secondary land user SPS Safeguard policy statement SPISPM State committee on investment and State property management

I SR Safeguard requirements STD Sexually transmitted diseases TJS Tajikistan somoni (currency) ToR Terms of reference

I

I lnvelemta~ettlerrrel'lfoS~i~el'Tee-Re

3

General

1. Description of the Project. The Republic of Tajikistan has received Grant 0245 from the Asian Development Bank (ADB) for implementing CAREC Corridor 3 (Dushanbe-Uzbekistan border) Improvement Project (the Project). The civil works funded under the Project comprise the upgrading of the existing road section from West Gate to Tursunzade to a 4-lane road including road widening, minor realignment and improvements, upgrading the existing 2-lane Tursunzade to the Uzbekistan border and improvement of facilities at Dusti Border Post.

2. The Government of Tajikistan is requesting the use of ADB financing for much needed rehabilitation of a road which connects the District town of Gisar to the Project road, in order to cater for larger traffic volumes. This sub-project road is located in Gisar district territory through which CAREC Corridor 3 (Dushanbe - Uzbekistan border) Road Improvement Project is crossing. Gisar is one of the most developed of the State Subordinate Districts of Tajikistan with population of over 250,000 people. The proposed road rehabilitation project is attached to the Project road at kilometer 18+860. Total length of the proposed sub-project is 2. 7 kilometers of which 1. 7 km is design a 4 lane road including widening and realignment and does traverse through agricultural lands. The remaining 1 kilometer is upgrading the existing two lane road. This road is a part of the Master plan of Gisar town which was developed in 2009 and have been revised in 2012 based on the Decree of the Government of Tajikistan (See Appendix 1). Location and outline of the Subproject access road to Gisar town is shown in figure 1.

Figure 1: Proposed Subproject access road

flt.lfl~ptt~Moo-ce~1»1:u~ Ctosr;rect1on

-l\uU_ ....ln.L 11~-f\lllmfif Oolf»>J

lki!J>lll!JYfflflil OJ\'l;M1l\~'PINlil' $ tti"UGrUW (L,,,~;r .!J(.) AU-Nir roatJ fi:< {)~ {( "'-' 2,'I k.111)

i "

ilcinep()•iH.Q!.l C1HtfJHt1e

Croil:S•lH.~-Uon:

.,.JWLL. • .Jil:\O.. ••v•m'~.llt' ';In\'!~

I

I I I j

I I ,

I :

I

I ' .

I . I I

I

3. The present report has been prepared by the Ministry of Transport of Tajikistan (MOT) and describes the findings of the initial studies on the subproject, which focused on identifying any potential Involuntary Resettlement impacts. It addresses the potential land acquisition and resettlement impact associated with the Subproject, and provides an assessment of compensationthat is being provided by Gisar district executive Government to the affected persons and or associations, under the Tajikistan law and according to ADB requirements on Involuntary Resettlement and ADB's Safeguards Policy Statement such as:

i) Impacts are identified and assess early in the project cycle; ii) Plans to avoid, minimize, mitigate, or compensate for the potential adverse impacts are developed and implemented; iii) Affected people are informed and consulted during project preparation and implementation, etc.

4. The results of the study suggest that the impact of this sub-project does not incur major land acquisition or resettlement impact. The reason Is that the sub-project road will be constructed on lands, of which 99% of the required land is owned by the responsible government authorities (Appendices 2 and 3). Only 0.5 ha of affect land belong to 5 Individuals, each holding Presidential Land Holding Titles.TheEXecutive ·Government of Glsar aistricfhas already started process of identifying replacement of these affected lands with unlimited and inherited use rights of equal value for agricultural purposes with more secure guarantee of no further resettlement impact in future. The subp~oject is unl~ely to have an~ furth~ involuntary resettlement Impacts, -tl'l1:1s-reeemmeAEl-it-"'-­·elass1f1ed--asTCat~ury-G-for-IR-1mpat:t'S,-Rowever, 1n order to ensure that the Pres1dent1al land holding persons have received replacement plots of equal value, internal and external safeguard compliance monitoring will still be conducted before and during the project implementation and civil works activities.

5. Consultation with local community and local Government representatives;Consultations with Gisargovernment authorities at different institutions such as architecture department, agriculture and land committee, affected State Production Cooperatives and individual land title holders and other community members have been conducted during feasibility studies of the sub-project road for preparation of this due diligence report. Discussions were held about impact of this sub-project to local community members' livelihoods and other concerns that are raised by any other stakeholders of the sub-project road. (See minutes of consultation meetings Appendix 4).

6. A due diligence process was conducted to examine these issues in more detail with respect to the requirements of the ADB Safeguard Policy Statement (2009) and the active legislation of Tajikistan. This report describes the findings, provides copies of relevant maps and legal documents and provides considered final conclusions.

lnwh:111ta1 y•Resdtlemertt-l?>cte Dil~ee-Re13er1-----------------5

The Subproject

Impact and Outcome

7. The subproject is expected to improve access of Gisar district communities to the administrative and urban center of the district and to Dushanbe, main markets of the wholesalers of agriculture production and construction materials. In addition,Gisar is the place where majority of agriculture production and construction materials are supplied to majority of other regions and state subordinate districts of Tajikistan. The subproject will improve efficiency and quality of transportation of goods and better convenience of peoples' accessibility. Moreover there are two schools with over 7000 pupils, other administrative buildings being constructed along the subproject road that will increase people and traffic movement in the area. Rehabilitation of the subproject road will increase safety of schoolchildren and people who will use this road. (See Figure 2: Master plan of Gisar town approved by the Government of Tajikistan)

Figure 2: Gisar town Master plan and proposed subproject access road CAREC Corridor 3 TAJ 024& Project Road

Proposed Subproject Access Road to Gls1u town (1.7 km 4 fame & 1 ~m 2 lane carriage way

8. Extended benefits will include construction works providing the local population with employment opportunities and thus to receive short-term socio-economic benefits. To ensure that these benefits are directed to local people, the Contractor will be required to employ as much of his labor force as possible from the local communities particularly within the vicinity of construction sites.

Outputs

9. In the area of subproject according to Master plan of Gisar town all administrative.buildings, cultural and sport places will be established which are planned to relocate by 2020. Already constructions of main administrative buildings and schools have been started and will be functional by 2015. The subproject alsocreates a platform for urban infrastructure improvement including expansion of local communities' opportunities for establishment of small businesses and service centers as there will be movement of people from the whole district of Gisar to this area. After construction stage the project will have overall beneficial impacts on livelihoods of communities and quality of their lives with improved access to resources and business opportunities in the area. This will improve the quality of life of local and visiting people as well as raising standards of lives.

I

I

I I

I

I . I

I 1 ',

I I I

I I . I .

I

I

I.

Land Acquisition and Resettlement Impact

Land Acquisition

10. The subproject road is designed in a way to minimize land acquisition and resettlement impact on private owned lands and businesses in the project area. Out of 2. 7 km. total length of the project road 1.7 km. four lanes designed road will be built on State owned agricultural lands and remaining 1 km. two lane road will be built within the RoW of the existing road. This approach has been accepted to reduce LAR impact to zero within this section of the road because it is a residential area and some functional businesses such as fuel stations, factories, and etc. have been registered. Another reason for such a decision was that according to Master plan of Gisar town all administrative and cultural centers of Gisar town will be moved to the area of the 4 carriage way of the subproject road.

11. Other mitigation measures were discussed with engineering specialists in the process of designing the subproject access road and preparation work and the same have been incorporated in the design. Therefore, achieving the stated number of impacts and their significance has already been effected by amending the design of works. In particular, locating part of sub project road within the RoW of the existing roads eliminated the need for acquisition of residential and commercial lands and enhanced avoidance of involuntary resettlement related issues.

12. Rehabilitation of Gisar town access road activities is designed mainly on State owned lands (7 ha), 5 individual hand title holders each of 0.1 ha with total land area of 0.5 ha and within RoW of the existing road. As per the collected documents and information from local government of Gisar district there is no major impact envisaged on economic resources. Affected State owned agricultural lands have been replaced with new lands and land preparation costs have been allocated from the Client - local government of Gisar to the State budget.

13. However, the rehabilitation of Gisar town access road has required replacement of the lands of 5 individual unlimited land title holders. Process of replacement plots of 5 individual land title holders has been started. Selection of lands and preparation of all necessary documents is ongoing.(See Appendix 2 for more information provided by Land Committee of Gisar district1.) Therefore, the potential impact of the subproject on individual land title holders will fully be eliminated by provision of replacement agricultural lands.As per consultation (Appendix 4) with the affected individuals the incomes from small parcels of lands were very small and they used land for wheat production. The incomes from these lands were tertiary incomes for the households hence main livelihoods are not affected. Correspondingly, no any other issues relating to involuntary resettlement and socio-economic impact will occur by implementation of the subproject.

14. Similarly, State owned agricultural lands will be replaced with the same type and size of affected agricultural lands. Soil re-cultivation measures and preparation of new agricultural lands are planned. Additional required expenditures as shown in the Act for preparation of new lands will be provided by the client to the State budget to cover such costs. (Appendix 3 'Act on affected lands

1 The land committee is well versed in ADB resettlement requirements, already having experience with the Project LARP 1-4 implementation.

ln~settle11rel'lt-S1W"8i~·em'1'!"'--------------

7

I

I

I

I ['

I

I .

I

I

I . I

I

and provision of replacement lands and land preparation costs' and Appendix 5'Act on identification of border (RoW of allocated lands for construction of Gisar town subproject access road').

15. In the process of allocation of land for reconstruction of the subproject access road of Gisar town, different government institutions and committees at district and national levels were involved. Recommendations and Conclusions of major stakeholders such as Land Committee, Department of Architecture, Department of Agriculture, Environmental Protection, Land users and State and local Governments have been considered. Conclusions and Agreements of these institutions and individuals have been considered during allocation of lands, provision of new lands and design of the subproject access road. Appendix6provides extracted translation and original copies of conclusions of these institutions and decisions made by State and local executive Government of Gisar district.

Temporary Disturbance

16. Apart from 5 individual land title holders there is no other land acquisition from or resettlement of individuals and households for subproject purposes. However some assumptions were made that during the civil works some of the local community members I individuals who set up small business along the road on their households' plots and some businesses might suffer short term disturbances during civil works. To eliminate such impacts the following measures are foreseen in the subproject road rehabilitation:

a) Informing all local households and traders about the nature and duration of work well in advance so that they can make necessary preparations;

b) Always keep clean of construction materials and provide full access to houses, business places, ensure vehicle and pedestrian access is not disturbed all the time;

c) Increasing the workforce and using appropriate equipment to complete the work in a minimum timeframe on these stretches with possible impact on livelihoods and economic resources;

d) Continued accessibility to all types of facilities including communication lines, water systems, electricity and etc. that are available in the construction zone, should be ensured.

Public consultations

17. Potentially Affected people are consulted during preparation of this due diligence report. Round of Consultation meetings with Government appropriate representatives who are involved in the preparation and implementation of the subproject access road and local communities in the area of subproject road have been conducted. Required information about the project is provided a form, manner and language accessible to them. Safeguard plans are disclosed to the communities members and local government representatives .. Local communities and potentially affected people have been consulted and this process must continue. Roles and responsibilities have been allocated to implement and monitor project ensuring compliance with the Tajikistan Laws and safeguard policies of ADB.

18. Accountability mechanism was set up to provide a platform where APs could express their grievances, seek solutions and report on alleged violations of the adapted policies established for the implementation the CAREC Corridor 3 - Dushanbe - Tursunzoda - Uzbekistan border road improvement project. Within each project district, a Grievance Redress Committee was establish

8

I

I I I I I I, I '

11

I i

I

I

I I , l . I

where APs had proper access to and bring their issues on the table with a special grievance form available at GRC representative offices in each jamoat. This mechanism, already set up in Gisar, will be extended to this subproject by Gisar local authorities as required.

Grievance Redress Mechanism

19. In order to receive and facilitate the resolution of possibly affected peoples' concerns, complaints, and grievances concerning the project's performance a Grievance Redress Mechanism (GRM) that has been established for the CAREC Corridor 3 Dushanbe to Uzbekistan border Project Road will be used for addressing any complaints that arise during the implementation of the subproject road. In addition, the GRM will include a proactive component whereby at the commencement of construction of road the community will be formally advised of project implementation details, so that all necessary project information is communicated effectively to the community and their immediate concerns can be addressed. This proactive approach with communities will be pursued throughout the implementation of the subproject.

20. The GRM will address potentially affected people's concerns and complaints proactively and . promptly, using an understandable, communicated and transparent process that is gender responsive, culturally appropriate and readily accessible to all community members at no costs and without retribution. The mechanism will not impede access to the Country's judicial or administrative remedies.

Grievance mechanism during the implementationphase

21. Complaints and grievances received during the construction work addressed through the following steps and actions:

Step 1: Complaints will be lodged at the sub district offices level where the responsible and Jamoat officers, as representatives of the affected person, will attempt to resolve the issue. Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee, and the receipt of the complaint given to the affected person. The period fixed for resolution of complaints is 30 calendar days.

Step 2: If a grievance is not resolved during a 30-day period, the affected person (or her/his representative, if chosen) may lodge the complaint to the Working Group Committee at the MoT. The Working group Committee has an obligation to attempt to resolve the issue within15 calendar days.

Step 3: If no solution is reached within 15 days, the affected person can submit her/his case to the appropriate court of law.

Formation of Grievances Redress Committee (GRC)

22. Grievance Redress Committee (GRC) which is already affective in Gisar district as one of the districts of the CAREC Coridor 3 - Dushanbe to Uzbekistan border road improvementproject to resolve complaints and grievances informally through community participation. The GRC qonsists of

I l

representatives of the MoT, the local hukumat, APs, women APs (if any), and appropriate local NGOs to allow voices of the affected communities to be heard and to ensure a participatory decision-making process. The GRC decisions will be made by majority of members and will be publicized among the local communities and directly to the complainant(s). If the complainants are not satisfied with the GRC decisions, they can always file their cases in court.

23. GRC in Gisar district will determine if the complaint is valid or this is an unanticipated issue and it relates to social or environmental policy/issues and to be followed up with steps as prepared by the program for each relevant policy. If the complaint is deemed to be related with the social / LAR impact GRC will try to resolve the issue at jamoat level with the involvement of village leader and informal mediators. The following seven members will constitute Grievances Redress Committee in Gisar district:

I Head of Committee

A. Hafizov Convener Deputy Chairman of the District Government Authority Chief Architect of District H. Solehova Member Head of Municipality (inter-district) bureau of technical

A. Boboev Member inventorv

I

1 ·

Head of Women and Family Welfare department of district Reoresentative from the Pl U Representative from the district Office of the Cadaster and land Registration, land Management and Geodesv Aaencv

H. Rajabova Member

E. Mirzoev Member Secretary

M. Ghairatova Member

I

I

Reoresentative of APs Reoresentative from the Jamoat Soman Representative of the Independent labor Unit within district Reoresentative local NGO 'Munis'

Member A. Hakimov Member

M. lkromova Member

M. Hokimova Member

I ' Findings

24. The subproject access road to Gisar town is mainly reconstructed in the state-owned lands and/or within the road RoW. All land acquisition and resettlement issues for replacement of 5 individual land title holders is in process and these people will be provided with same quality and size of replacement agricultural lands. ~_JJctures-or-otti_etei>onomic=aog,~business activity is affected as part of the road at residentrar area is rehabilitated within existing RoW ~Ulcers of the existing road is wide enough and have not been encroached by hawkers, shop-fronts, etc .. So there will be no foreseen loss of income or assets. To maintain customer/residential access, construction contracts should include a clause requiring contractors to provide appropriate walkways and vehicle access to all required sections of the sub project road.

Conclusions

[ . 25. The results of this Due Diligence study concludes that, there should be no issues of land acquisition and resettlement related to this subproject, if the proposal for road improvement does not change substantially, for instance realignment of vertical and/or horizontal dimensions of the subproject road. If substantial changes do occur, then additional studies will be effected and actions

I I

I 10

[

I [

[

I

I .

I

I I I

I I

I I.

I I

within the laws of Tajikistan and in compliance with ADB SPS 2009 will be enacted, as required and appropriate.

26. Apart from the 5 individuals who also will get replacement plots, rehabilitation of the sub project access road to Gisar town is on the State-owned lands, RoW of existing road, which should not cause any loss of income of assets.

27. In case any claims or complaints are submitted during the construction period an effective and efficient Grievance Redress Committee being already in place, will enhance provision of timely and sensible hearings and facilitate solutions.

Involuntary resettlement impact checklist

A. Screening Questions for Involuntary Resettlement impact Below is the screening for involuntary resettlement impacts. Both permanent and temporary impacts must be considered and reported in the screening process.

# Involuntary Resettlement Impacts Yes No Remarks

1 Will the project include any physical construction work? @ [g

2 Does the proposed activity include upgrading or rehabilitation of @ [g existing physical facilities?

5 Individual land rights holders

3 Will it require permanent and/or temporary land acquisition? [g @ documentations are being prepared for replacement of affected land

4 Is the ownership status and current usage of the land known? @ [g Refer to #3

Are there any non-titled people who live or earn their livelihood at [g @ 5 the project site or within the corridor of impact (COi} I Right of Way

(ROW)

6 Will there be loss of housing? [g @

7 Will there be loss of agricultural plots? [g @

8 Will there be losses of crops, trees and fixed assets (i.e. fences, [g @ pumps, etc.)?

9 Will there be loss of businesses or enterprises? [g @

11

I

I I

I

I I I

I I

I

I

I

I I

# Involuntary Resettlement Impacts Yes No Remarks

5 affected small plots are tertiary/ additional

10 Will there be loss of incomes and livelihoods? [g] ~ income for households. Main income supporting the Apsis not from these plots

11 Will people lose access to facilities, services, or natural resources? [g] ~ 12 Will any social or economic activities be affected by land use- [g] ~ related changes?

13 Were there any people being displaced from the assigned land I [g] ~ project site in anticipation of the subproject activity?

14 Are any of the affected persons (AP) from indigenous or ethnic [g] ~ minority groups?

B. Involuntary Resettlement Impact

The EA I Safeguard Team confirm that the assigned land I proposed subproject is

igj Has Involuntary Resettlement (IR) impact, a resettlement plan (or corrective action plan) is

required

~ill Not have JR impact

I

I

I

I I

I : I I ,

I

I

l l I

l I

I

APPENDICES

Title: Page:

Appendix 1: Government Resolution on Approval of Revised Master Plan of

14 Gisartown

General information from the Land Committee of Gisar district on

Appendix2: provision of lands for construction of Subproject access road and

16 replacement of State owned lands and 5 individual land title holders' land parcels

Appendix 3: ACT on Evaluation and Identification of Costs of agricultural losses

20 of the allocated lands that were used for agriculture purposes.

Appendix4: Minutes of Consultation meetings 22

Appendix 5: ACT on identification of borders (RoW) of allocated lands for

25 construction of Gisar town access road

Extract translation and original copies of other relevant documents Appendix6: such as Government Decrees, and conclusions and agreements of 29

other subproject access road stakeholders

13

I

I [

I

I

[

[.

I

[

I . I I

[

I

I

[

I

[

Appendix 1:

Government of the Republic of Tajikistan

Resolution

Dated: 301h June 2012 Registration No. 337 Dushanbe

On approval of the revision of the Master plan of Gisar town of Gisar district

In accordance with Article 15 of the Law of Republic of Tajikistan "On architectural, urban planning and construction activities" Government of the Republic of Tajikistan makes decision:

1. Approve revised Master plan of Gisar town of Gisar district.

2. Implementation of this resolution shall be assigned to the local executive body of state power of Gisar district and relevant ministries and departments of the republic.

3. According to the Master plan of Gisar town of Gisar district implement allocation of fands in accordance ith Articles 26 and 29 of the Land Code of the Republic of Tajikistan.

4. Declare null and void the decision of the Government of the Republic of Tajikistan "On approval of the Master plan of Gisar town of Gisar district" from 2"d February 2009, registration No. 75.

Chairman of Government of the Republic of Tajikistan Emomali Rahmon

14

I

I [

[

[

I

[:

I l I '

I: I ,

I

I ,

I l I

I

I

Appendix2:

General information from the Land Committee of Gisar district on provision of lands for construction of Subproject access road and replacement of State owned lands and 5 individual land title holders' land parcels

Dated: 5th May 2014 Registration No. 933

Referring to the request from PIU RR, Land Committee of Gisar district provides following information on the process of allocation of land for construction of subproject access road to Gisar town.

Based on the Order from Government of Republic of Tajikistan, No. 524606 (13-3), dated 22nd November 2012, which has been registered in the office of local Executive Government of Gisar district No. 344 on 25th November 2012 and Decree of the Chairman of Gisar district No. 201 from 11th February 2013, an Act dated 14th January 2013 on provision of land to Governmental Road Maintenance Unit of Gisart district for construction of subproject road from the lands of Production Cooperative (PC) 'Vatan', PC 'Latif Murodov' and supportive lands of individual land holders living jamoat Soman total area of 7.93 ha have been issued and all documentation have been submitted for approval of the Government of Tajikistan. Out of 7 .93 ha of the proposed land for road construction 4 ha lands belong to Production Cooperative 'Vatan', out of which 3.74 ha is under copping, 0.14 ha is under farms' roads, 0.12 ha under ditches. 0.47 ha given land title to individuals from jamoat Soman.

Provision of lands also taken place based on the Decree from General Meeting of the PC 'Vatan' on 31•t October 2013, No. 3 on allotment of 4 ha land for construction of subproject road and and Decree from General Meeting of Production Cooperative Latif Murodov' on provision of 3.46 ha land out of which 3.26 ha is irrigated cropping land, 0.16 ha lands used under roads and 0.04 ha land under ditches.

ACT on Evaluation and Identification of Costs of agricultural production losses of the allocated lands that were used for agriculture purposes dated zath February 2013 have also been issued that informs on compensation costs ofagricultural production losses on irrigated lands according to the approved calculation rates based on Decree of the Government of the Republic of Tajikistan No. 641, dated 30111 December 2011. Compensations will be provided by the Governmental Road Maintenance Unit of Gisar district after issuance of Decree of the Government of Tajikistan~

All individual land title holders who are affected by this subproject road rehabilitation will be provided replacement plots of equal value.

Production Cooperatives 'Vatan' and 'Latif Murodov' are of breeding and seed producing farm types. On the lands which were allotted for construction of subproject road there is no any type of buildings and or structures. These lands are not leased, rented to any third party. Loan on mortgage was also not registered for these lands.

There is no any objection, disputes and or disagreements from the land users.

Process of provision of replacement plots for the affected individual land title holders is carried out by the local executive Government of Gisar district.

16

I I I I . I.

I I

1

1

I I

I .

I ': . !

I . I L

I

I

I

List of affected people of jamoat Semon whose supportive agricultural lands have been affectl)d by

the project road is given below. Co-vc_,f"'.·r:vc::- ~r ff.:,b,(/J . " ./.8,o v,/, " lcc.v ~

) / ,

Land registration I No. Name of households' head Area of land / / certification number

1 Ambiev Marhamat 0.1 ha I A No. 0061659 ,/0

2 Nabotov Mahmad 0.1 ha// A N0:-00.1_ 6160

3 Saimuddinov Jum'a 0.1 ha( ( A No. 0061658..,

4 Rahimbekov Safarbek 0.1 ha' I A No. 0061657 \

5 Sharipov Ja'far 0.11 ha \ A No. 0061661 l Co PY of the land documentation on the p

-~1 _/ revision of land to Gover · tfll-R"CJa:~n111ainferianc~ Unit of Gisar district is attached.

Chairman of Land Committee of Gisar District Signed Ghairatova M.

Original Copy of the letter:

17

I l r. I

I

I I .

r . ' I .

I I

I

\. 1 ·

I I , I

l \

I

l .

I . r

" I

~

f

?~ '°"~ Jt.O>;<ll!il_l'll,., ....,., i'"~'l!'Jy~ (.11'1} ~M

~ill~ ·~ l\lll'#- e,,f;Jf$

Blll~l'E ;!l\~#Wl ~ JNl).W.Wt'Jl'IJ'.IVI' •C'iiiilA\!l\ll l':

~·-- m;o;i:tpm l1'1!1W!ffill!i ~ ~ flllt 1'11~wm lllfyJi!O ~jlltltl~ u·ll~ ~lli ·~lil',ll:;ii;;~(l1Jl!·n1r•~111:1)00'(~ 'IJ!il',;m 1ill:! ~80 m I8 - Y,l'm tmpimt ·oomi 20[% ~ ~· 'l!J',!i!l'l ill!l!l'ilj~ ll'~ ~~ iliqrom ~ ~llll! ~w ;e11, mm.100'~ ~l!llll: ~t,!JJll ~ • !Pl> iMl!il!J!ll'U!Jll ~l!r~Jflllf! ~ •. •i.;i.mmr ~'1101! ~·

~ll ~~ Xli'ft,:iNl!r'm iil;~m Th'U:IKI~ l1JI! n - )!l'l!ilf

1mllfip11 ~ 2C1i1::kl: Ta~}& S·M!liOO (]:ll.;J), ltl!l .!!9 26.~UG ~ "'1 !J""4 ll!tljp ~IJ'lllir lif'B(.!!llllllllll M~~ l©lll!W~ ,lillli!IJ1i'i:l\l<ll!f ill!O.N11J'I l!il! .tq!ili!£ 111!\Pli!ilmt llll¥J¥!!3ef;, ~ff®! iB :il.4-!il\l'll!f l'lllfllll!Pi.! 0:0\ll~ :il)IJl:l13 '1,l!l~ ~Mfli llllm!illlll

BWlllllH ~ ]j.\(I~ ll,!lll!m!lllllllt JHlll'ili.~PJl:!'Jilll ·~ lil~~lll\f.Qll l!f.~ll.H ~p O@p!lll'.~1'.Ml\!lllll~r. lllrotlllmll lili!LM~~ ~!$.~ }(:1~11 ~fil'lilll[ lllOOmi~l!llf ~ 6~ .Rlllllll 'lfl!LM'yp®ll«!~~ 1llllilllll•nil!!H ~ •,m:iw lllfl, ~M:Rllf'.!WI!!. Jl:O'l.(ll'll:llllf ~~ ~ ~illli!!Pfltill: 'l,l!IM!lll,'ill .~1!'.lll COl'l!lillt ,.tl,lllp ~iii:~ ~MKRI 193 ra, !i!:J; iOOJJ: il!lll ~tJH ~l!l!.'llQlll Il:OOl~iLT!lllli11f ~- ~.!F'llID!lY .aiap :~Ill: )'1'~1M'J!!tli 4,(J· Jfill, Ill!! mil= ~MHll!!! K~ll!i ®'1511t- l;1<il· Fol, ~j:J'Jll J;llliool' - •ll;.141 rai, ~ ~flop· - @.12 1~ JM. .l!I:!! ~o~ 1l!fllmMl!WiRI lliO'ii!ll"'.WI: ~li'lll:~ill ~D ~~/!OD •J;!tllrmt~ ~JI 1Co.\\'Wll[ .illllil.ll m111i;U!Ji~lll -G,41 rel'.l'lp:<i· AllP rur;i;im Mp!Ipll ~Jllilml ilOJlil!f:IIB, X:!llOOp l!ll!I ] I - ~'MWE ~Jlll!mll: erulllil l!!il:'l 1lll:KD .llfi! '.ml. ~~ ~Imm ''Q'~ Q~ .my.u;a. IE\llfl\!IWlllilll :!l!itl'lllruw.lO!li!t &l.f!'ll:Mlf 'lf11l~1ilX, 5eJ. X':.mJ!!l!Mr.lll ~~ 'lf'.ll~f!i>lT:tJ!H I!t'lilllllill~ E<ll!IWI wiy:~

:l\\1!nJll;n.tliJ4~t 4,0 Ill,\ ltl11'1111JUQ MMHEIK '"ij'~i~ ;Ui ~Ill. ll'l!IMm!Jiillll'. 'ltOfNlillm oiS:tm li!i~10fitpm:rnmm ~.1ua «Dfi'.NIHt(l ~p a~. ~ llll!J.'lllil!llll:!H ~1llilfllllf ~l!l:tlf F.lll)l!'~Jm ~ie~;i .!ll;J

3B..lO.::&U:llo .'.llil: Ji ~ ~l:llti!Rt :'l,~115 ni. m cm ~~!Ill ofilll - l!l.;uim, oiiqm ~· - 0,.1rlli ~ •. ~m: - (),.l)!I. rt!.~ ~611r 3~>11.Til IDO~JP'll.nmill!li 'I!ic<n!IWOOlilia fill :ram.m \!!001+ • a~ i!mpUJm 1'111l!JlJmil:'lil! ~m 111:00111E'J;iiL'n!lllfl: tl)ft.t'r;:~lll ~Ill 1mlllllll dll.Jj,fyp®:Otm llllll 3Llrfil.Ji0]$i;: Ji&. i3 ~tll ~lilllJ p!ll~ll IL~H rfl~a!lbl:ll!Jr1llJil,!1J![ JD:m;>l)l!Jlliil ".t)'i!lll al~ .w1.1~1ae11-.

1CilaM,!J) lflllf,11!.!lf ~ ~miill.m ~· ~mfl[ K!Jil1lt~plilll, m 6il. lll!litu:•"11~ ~lmiflll~ in ~\[~,!l.lli ill.Iii) ~ii'.~ ~Mlll.111~;&.~

' mll 2'(!;,o::i,2,q'JID~ '111!1pn!fi ~. llJ\!1'$~ ~jill'ipoo11m: ·Tl!Lll· ll!Cifll!OOCQ;mm ~Millllfl1!0:1Il ~li!J!I ot!la J\rtfi lil()'il~ Go M~fr.lii:lH ~t1m1~tllll.11 lliflGIDllm :l!l'l':t1lllltliJl[llf: Dllllltil!llllp!m, Ktt fk.I' Rap~ X:~Tu 1:fy~1~ 'll~Ji!!Zffl\lliH Tltl'l.~LJ!ll (lllmlliliOI: 61f,l 11.1 !!!0','.1.:UOU.;: i;m~~ Ull)';ll,illOll. f!lfil "it1il!l?ill!'P 4!ap~p M,1~mJ1H ,!ll!lmrmll'.!UI Elil:l~llpmr ~ :1tn~fi<rm1:1apu '.llml:)l!l!lm: :llt;mJ:>ll1, fi<llwx "51li me1' ~l!Olilm !£Cipi::iqm X.)IEJ'Mlli"n:l 'x.fl!lmypl!IH 1'oi;imi:mJ:mi11 ni!.Ilftll:tT 11:a1:Jl1J.11 um:1~ .

::kl;llillll!ID:(rB J'l.i:lumr11111r UOJ1illll~1i i:ipHr(;lll!llDl!llll mrum111111 W110C]lm1:tJJ;Cmli1111. m

~: co:m:r.M.mm: I~ ~lr<!'lBJl.l!llliWli Ii® :laMlillI:!Ji~illll ~~lliJlilip&mlll Hllil!llll :!l~ IW!fl~,

.RDl:lllUCp:ll1rlilllltt fl~'!IH!la <dk!T!mil} .ll4ll. !i:i:li:IO!lJlili1tDll~ Ifl!J'1~(1QH i'S.a W~All!ll >!!n'.Jlill:?i!ll(Jl),!.l;Oilll'I & l"!fll'1Jll'. ::tmlllfnll!IOO(!ll T)'ll:Hll!Hliflf!~1!ilqm llill :l!~~plli lifJi:tKl;l/6 Iler, ~p IQ!l'.l1'11:11 ~lliM!lllltil:Ott~ 'liy~ll!~ .lfil'.111~ i'.!l!.11 fil!l~W illlt

(!llJl~O l!!J''IJl,lll ·~ a filll. 1rw nt~11f:>li!f EOJ;Gr~ !Sm ;11111op11 Jl.i!IAA mllfll}'.IJI; !Im !5\ll. mpell W)lll~!. llilllD)'~li!IJilT,

0111;,!1111 ;mJl 111~mm~ :l!iu.:mll~~!IJSl~Jl;l£J~ llil!l!!ia.fl'.lll~piiUI Di!lOp:i:ml Mlilll!~ )'Jit~lll Jl!O~lill!i'IDID Im l'IOOH!JU!(lli!Jll;iocllll 1111.Ml:ll!L'lr.W;l 1111! ill!lllffOOJlllA!Lll lll!IK!Hl«lOl!lt ft~ lllf~,

~llllf ~ml!illD'.1~111 :l!11HmB &. (l'.111n!!Jl;o:m •1iax~~ ~t!IJll: .~..tm 1ll'.111!11ll!l:Billi llll ~ U!llflCI~ tJlflJlllDJ~ ~11lllill!I; ~l~IB 11'.lM!~u· ~;i;iirnnm El!llll!Ui ili.!111~ E.!iJ.Pl,\lll!lll l\Ol~r;11 ~m~:m. .11~ni:1m lftlODli XJimop 1el11 :130'.lt lllll)Jtl\ll lil!:l!llltll9Jt;.

JP)'.110011'.llli :~alMQ'g :lli1i]?i~~· 'Wlllltl!trl!l .~~flil: Co:11.ll!m, Iii! lW'11~ MOllll!l!'Elll ~lJ!!ll'!H ClllllWi _.Pill ~~QIOC~l l!Ol'!;ll;O l!!~Q

B~. llill llli1i~:\l!ijlilll: hMlilHOOim (Ill) i.!i!l/A ,1111:11¥!!01 lil>!ThHll Yl\'lliillll l!Jia M;Jlll~lll~B ,!1,IMl!tJ:Hll .lUilliil1tllltlfPl«llf !rlll»\ilt.tlllll lli!Wi)Y\Jl!jlll~l'l!lp,lll'I ~ Xjllllll:Jlp:!r llll'l.lllllM!l ~mp~

h~~I\~ ~ .ll!llll'l111m11:

fj~lll!j!JVJ(~

I l

Appendix 3:

ACT

On Evaluation and Identification of Costs of agricultural losses of the allocated lands that were used for agriculture purposes.

Dated: 28'" February 2013 year.

I ' Committee members: I .

I .

I I

I I I

I . I I I

I

I

Deputy Chairman of Gisar district: Chairman of Land Committee of Gisar district Chairman of jamoat Soman Deputy Chairman of Land Committee of Gisar district Head of Production Cooperative 'Latif Murodov' Head of Production Cooperative 'Vatan' Head of Governmental Road Maintenance Unit of Gisar

Sh. Abdulloev M. Ghairatova M. Safarov A Homidov A Kamolov N. Teshaev Kh. Ashurov

This Act has been prepared on this date on the basis of identifying costs of allocation of new lands

which have been replaced with the lands ofProduction Cooperative 'Vatan', Production Cooperative

'Latif Murodov' and supportive lands of individual land title holders of households in jamoat Soman,

which were provided to Governmental Road Maintenance Unit for construction of subproject access

road.

Compensation costs of 7.47 ha of the total area of irrigated agricultural lands according to the

approved calculations rates based on Decree of the Government of the Republic of Tajikistan No.

641, dated 301" December 2011, identified as 53536 + 50000 = 103535 T JS x 7.4 7 ha = 773406

TJS.

Costs of identified new lands which are replacing the lands allocated for construction of subproject

access road has been calculated 773406 (seven hundred seventy three thousand four hundred six

somoni) T JS. The client is obliged to transfer this amount of money to the special account of the

State budget. Land Use Certificate will be provided after provision of compensations for the new

lands.

Signatures and Stamps of the Committee members:

Original copy of the Act is given below.

20

I

I I I

I

I

I 1

I

I , .

I

I . I ! I I I

Appendix 4: Community Consultation meeting minutes

Summary of Community Consultation meetings with local government representatives and communities of the subproject area.

A number of formal and informal consultations with local communities and appropriate government authorities who are involved in the process of preparation of this report and other major stakeholders were conducted during assessment and the preparation of this due diligence report. All potential affected households, community leaders local Hukumats and Jamoats of the subproject area, Land Committee, Department of Architecture, Department of Ecology protection, Department of Agriculture of Gisar district and representatives of production cooperatives, were met and consulted during the assessment and preparation of the report. A brief summary of the major consultations is given below.

Consultation meetings participants and major stakeholders:

1. All potentially affected households representatives; 2. Community leaders; 3. Local Government relevant departments' representatives 4. Gisar district Grievance Redress Committees' representatives 5. Resettlement specialists of PIURR, SMEC 6. Other community members and local authorities

Agenda of the consultation meetings:

1. 2. 3. 4.

Introduction to the subproject access road and its benefits for the development of Gisar; Discussion on scale of impact of the subproject access road; Analysis of the types of impacts and measures to reduce and or eliminate the impacts; Other issues and questions raised by the participants.

Consultation meetings started with general information about the project and explanation of the needs of subproject access road and its short and long term benefits to the Gisar town and Gisar district as a whole.

Further, level of potential impact of the subproject road on State and individual lands, assets and economic activities in the area was analyzed based on the preliminary design that was provided by designing institute.

Mirzoev Ejar - chief engineer of PIU RR commenced the meeting and provided general information about potential impact of the subproject road and provided speech to the First Deputy Chairman of Gisar district Mr. HafizovAbdukholiq. Mr. Hafizov talked about the subproject impact on agricultural lands mainly and mentioned that 1.7 km. of the proposed road traverses through over 7 ha of State owned agricultural lands against which appropriate arrangements for replacement of State owned lands will be taken by Gisar authority. The project will also have impact on 5 individual land title holding households each with 0.1 ha land holding certificates. These types of lands were provided to individuals in 1996 to support households' livelihoods. Such lands were efficiently used by communities members up to 2000 and 2002 years. As socio economic situation of local communities improved and income sources were diversified, efficient use of such small plots were not observed in the past 8 - 10 years. Majority of households just crop wheat on these lands in order to keep land with crops but not with purpose of earning income. However, looking at interest of people on keeping lands as asset, local Government of Gisar has decided to provide replacement plots of equal type and size of the affected land to the 5 land use rights holding certificates. Considering plans of development and widening of Gisar town, appropriate departments of Gisar authority has started process of replacement land allocation for these households.

lnv1?1h3ma1•y Rcsc~lcl'l'leffl-Bl!lc Dili~tt1::0 Rcri·m---------------22

I

I l f

I .

f

J ,

I I . J ,

I

I. I

l I .

I .

I I I

Mr. Roger Mcintyre - PMC International Resettlement Specialist also talked about the Safeguard Requirements of ADB and mentioned that all potential impacts have to be identified and compensated prior to commence of construction works. He mentioned that ii is good that local Government have started process of land replacements and this process should be monitored and reported at all required stages of the project implementation. He mentioned although it is not the main source of income for the households, all requirements of involuntary resettlements have to be followed.

Households with potential impact on their parcels of agricultural plots also showed interest on replacement of their plots rather than cash compensation. Although, these lands are tertiary source of income for them, they are interested in getting replacement lands. 3 of the affected households even mentioned that they are not using their lands but still need replacement plot as it was important for them to have land. II was supported by PMC local and international Resettlement Specialists. AndGisar Government representative also mentioned that considering all previous discussions with local people decision was made lo replace affected lands of these households based on which the process of allocation of lands have been started.

Further it was explained that 1 km remaining project road which goes through residential area the road will be constructed within RoW of the existing road with no impact on State and local people properties. II was mentioned that during construction, transport and pedestrian accesses to houses and other community places will be ensured and contractor will be obliged to keep open such accesses all the time during construction.

Consultation meetings places and number of participants:

1. Consultation meeting in Gisar town at Deputy Chairman of Gisar district office Date: 14th April 2014 Location: jamoat 'Shahrak' of Gisardistricl Total number of participants 12 person

f List and number o participants

No Name Position

1 Hafizov Abdukholiq Deputy Chairman of Gisar district I Head of GRC

2 Hakimov Abdukarim Representative of Land Committee in jamoat Soman of Gisar district

3 Mirzoev Eraj Chief Engineer from PIU RR

4 Majidov Abdusattor Specialist of Department of Architecture of Gisar district

5 Rahimbekova Tuykhon Individual land title holder from jamoat Soman

6 Saimuddinov Jum'a Individual land title holder from jamoal Soman

7 Nabotov Mahmad Individual land title holder from jamoat Som on

8 Ambiev Marhamat Individual land title holder from jamoat Soman

9 Sharipov Ja'far Individual land title holder from jam oat Soman

10 Mirzoev Saifiddin Head of Community of Pakhtaobod village

11 Roger Mcintyre International Resettlement Specialist from PMC SMEC international

12 Kudratov Faizullo Local Resettlement Specialist from PMC SMEC international

2. Consultation meeting in Gisar town at Ecology Protection office

23

I

I

I I

I ['

I I

I I

I .

I i

I

I

Date: 201h May 2014 Location: jamoat 'Shahrak', Gisar district

Total number of participants 14 person

List and number of participants

No Name Position

1 Mahmadaliev Nasrullo Head of Ecology Protection Department of Gisar distrcit

2 Ashurov Mardonqul Leading specialist of Ecology Protection department

3 Karimova S. Deputy Chairman of Shahrak jam oat of Gisar district

4 Hakimov Abdukarim Land Committee Representative of jamoat Semon

5 Mirzoev Saifiddin Head of Community of Pakhtaobod village

6 Mirzoev Eraj Chief Engineer from PIU RR

7 Majidov Abdusattor Specialist of Department of Architecture of Gisar district

8 Rahimbekova Tuykhon Individual land title holder from jam oat Som on

9 Saimuddinov Jum'a Individual land title holder from jamoat Semon.

10 Nabotov Mahmad Individual land title holder from jamoat Semon

11 Ambiev Marhamat Individual land title holder from jamoat Semon

12 Sharipov Ja'far Individual land title holder from jamoat Semon

13 Bobojonova Malika Environmental Protection and Ecology Consultant from PMC SMEC international

14 Kudratov Faizullo Local Resettlement Specialist from PMC SMEC international

24

I! 1 ·.

I: I .

/ '

I

I . I I

I

Appendix5:

ACT

On identification of borders (RoW) of allocated lands for construction of Gisar town road

Organized by the Governmental Road Maintenance Unit of Gisar district on the allocated lands

dated 27'" of March 2013 year.

This Act has been prepared in accordance with the Decree of the Chairman of Gisar distrct No. 201

dated 111h February 2013 year, about provision of lands within which subproject road will be

constructed. Members of the Committee Mr. Homidov A. - Deputy Chairman of Land Committee of

Gisar district, Mr. Teshaev N. - Head of Production Cooperative (PC) 'Vatan', Mr. Solihov B. - Head

of PC 'Latif Murodov', Mr. Aloviddinov Sh. - Chairman of Architecture department of Gisar district

and Mr. Ashurov Kh. - Head of the Governmental Road Maintenance Unit of Gisar district have

identified proposed borders of the subproject road and confirmed their consensus by signing this

ACT.

Committee member identified location of the allotted lands for subproject road construction based on

the land use scheme of 1999 year and the road will be constructed on lands of Production

Cooperative 'Vatan', Production Cooperative 'Latif Murodov' and supportive lands of individual land

title holders of households in jamoat Semon and have following dimensions:

1. From point 1 to 2 towards East at length of 45 meter bordering with lands of PC 'Vatan';

2. From point 2 to 3 towards South at length of 1762 meter bordering with lands of PC 'Vatan';

3. From point 3 to 4 towards West at length of 45 meter bordering with lands of Gisar town;

4. From point 4 to 1 towards North at length of 1762 meter bordering with lands of Gisar town,

PC 'Vatan' and PC 'Latif Murodov'.

During the process of identification of land borders, which has been provided to Governmental Road

Maintenance Unit of Gisar district there was no any disagreement from none of the Committee

members.

It has been confirmed by signature and stamps of all Committee members.

25

below

Original copy of the ACT document and schemes of allocated lands

C Ji. !Pl i\ ;!I; H

Dj)W!lllll~(;

~M',m11~

'.ll:Jillll:rtJlitlltllillliiill :"l/~ '(llljili1<llj.il!U: ~!lllllli

__________ ," ________ _

Copy of scheme of identified borders of the lands provided to Governmental Road Maintenance Unit of Gisar district for construction of subproject access road of Gisar town.

Signed and Stamped by: Chairman of Gisar Architecture Department of Gisar - Mr. Aloviddinov Sh.

Head of PC 'Vatan' - Mr. Teshaev N. Head of PC 'Latif Murodov' - Mr. Solihov B.

Head of the Governmental Road Maintenance Unit of Gisar - Mr. Ashurov Kh. . . HAll;iHAil

''Mj!ltlHru~w.1f)lv.llyau~ilu.:iillllW-...~~.~4 ~:fif _e.6~~-·?'r 1·~J.i1'<ltllli'a • ~.!!!li!X<J&

' 1. M~~ilrl:~

flllln-r1 &1,!l\llllfll .i!l:J;1m1011mlilml!l11Iwii'lllllivu ., 11r~~ift ~1'1111~··

Deputy Chairman of Land Committee of Gisar District Mr. Homidov A

27

I I

I I

I r

I

I .

I

I I

I

Copy of scheme of lands provided to Governmental Road Maintenance Unit of Gisar district for construction of subproject access road of Gisar town on lands of Production Cooperative 'Vatan', Production Cooperative 'Latif Murodov' and supportive lands of individual land title

. holders of households in jamoat Somon. Total area of the provided lands is 7.93 ha.

Borders explanations: From A to B - Lands of PC 'Vatan' FromB to V - Lands of PC 'Latif Murodov' From V to G - Lands of Gisar town From G to D - Lands of PC 'Latif Murodov'

"

f ·-

Deputy Chairman of Land Committee of Gisar District Mr. Homidov

Appendix 6:

I I

r

I I

I I I I' I

I I . I

I

I I

I

REPUBLIC OF TAJIKISTAN

CHAIRMAN OF GISAR DISTRICT

RESOLUTION

From 11th February 2013 No. 201 Gisartown

Allotment of land to Road Maintenance Department of Gisar district for construction of road from the lands of Production Cooperatives 'Vatan' and 'Latif Murodov' and supportive lands of individual land holders in jamoat Somon of Gisar district

Based on Constitution Laws of the Republic of Tajikistan clause 19 and 20 of the law 'About local State Government bodies' and clause 29 of the Land Code of the Republic of Tajikistan, I issue a resolution:

1. Approval of the Act on allotment of lands to Road Maintenance Department of Gisar district for construction of project road, out of the lands of Production Cooperative 'Vatan', Production Cooperative Latif Murodov' and supportive lands of individual land holders where overall required land area is 7.93 ha out of which 7.47 ha is under copping, 0.3 ha is under farms' roads, 0.16 ha under ditches in jamoat Somon of Gisar district, which was issued 14th of January 2013.

2. Obligation of Road Maintenance Department of Gisar district: Commence of construction of the project road within framework of the current laws, construction standards and the approved design, when entitled with land use certificate; Endorsed use of land based on the land provision purpose.

3. Request Government of Tajikistan to support this resolution.

Chairman: signed and stamped B. Solihov

29

\

\

I . I \

\

I . I I \

\ I

\ I

\

I I I

h ·r~an of Gisar district dated 11•h February 2013

I t. n by the c a1 '" Copy of the original Reso u io .

I I . I \

\

"

q:~l.llll\l'cylIM T1tt1•~1'£~'l'O<ill1 P81M'l!ft 1!'!!1J:ia1~iir li:,l'!'eop

I\:Al''O P

ii: 'f'l~~~ (Jl)!.l!<'Jf}J[I.

<'

• Oiull1l ~ :R)r~Ai>alliffi lSll M~ IU!~fdfcl ~~Ill ~ti11!1'11WUJI ~ ~lll'll: ~~ Ji<J.\'\ll ~ll a~~ !I~ ~ ~· .~~ Jl:li)Olf~IU!li )!'~ ~" ill~po.~11:.1. .~~. ~Q.lllllll! ~\!i!ill:tl1~ J!!I ~-~ l!lll.~ lljli!~ ~· ifil!l~(l.ll'li.l!11 ~ ,l!lll.!l!llll:r~~~l!!JiR.~

JM~~~ ~-- 19' !Ill ~ - l!' ~ -l)J:'li!~llil~llll~ ~jii;ll.! Ta~tm11®1!i ~ ~Plllll ~'iJllX ~- l'lll)f!!i\l<lillm!! ~· .llll. ~lll 2S' • ~~ ~ ~l'lffi!llWl' \;b'lltl~illl!: T<i'~~lil ~ll!J(lii.IP l\ll~~!itl'

•

l.. ~!Ill l4 - Y'Kl~ l!Di!.WJ!' ~ :irotl Clltl1Jil· m'J;!!ll1ilf ~Ult' ~RI~ lSI\ M~!t711~1 a!~~"it ~li!l'll! Dlll'~lf~ illlll}IW! ~· ilfl.m'>\\IOOl'll1 l!C!il;ll II~ ~\\nl))l!llll! l!IJl~!!I m:.1'imo!Jl!I ~ar• .~~Ill li:fit~ll 1<liill:w.f Mr~ t'."1()t~~r. ~ d1t1:111\\; :nu tiif!!llllll!tl\l® :W'j\!!"!!111 ~m: i!Y•!l!«l11«11: mi!;<Q!~: 1111~. ~i:fra .. ~w J.li19 llrltil!JIJJ;!tll! ll~ldl 1,~ .~ 113· Ol!f; lillll<!lmm· ti'!;l,!llll.im' >i)([ill • 7,1£ '.1i!. .J!:!.11"£ Ji~ .• IJ',lltln!, m11p:11 'l}'il6<lll'-u,1u~ 11~.J!!!f,f,; ~ ~

2. illi\~ l\l~~d ~!'ll!l lllJ.~l'~Aim'/!im:l l'M~\1 ~ UW\M: " iii~ li\ii.P1~ C~llllii ~~ ll'!l;~. ~WJ!llli!lll:ll'Jllh .~~11~

Bl!lll:.lleyl\I~~ l!lll IA~J~ ~TM@lllll ID'llt.i llili ~\W lt'll0)'1ll1Ulllt: ~Jjl~r.!:f!.'tl'l ~il!;lli ll!l'ii1d~.!illlll ;Mlilttt.11!1 ~ li;!!i.11:1G;:

• !ll!f,l'!•f!tl'. :N&O!Jm Jll!l',lljt!lcy~ ... ~~ lllin:l!!~. ill'~ 1_, - rt.I.'

"'· JrJ. :J\lll!1lflm\I ~ypror ·r~~1 :ll'i#l'jlll!;Jr !>l!Jp.!!ii .. ~ :l\lll waj;i,11' Mn.."l<YJI~ .ii)'!~!~ ~.11.lf, ·~·~

~_c ·~.-. "·· :~·,.:· ' 0 { _ ~-

'

30

I I I .

I .

I 11

I

I .

I

I I .

I I I I

ACT

On the allotment of land to Road Maintenance Department of Gisar district for construction of road from the lands of Production Cooperatives 'Vatan' and 'Latif Murodov' and supportive lands of individual land holders in jamoat Somon of Gisar district

Issued: 14th January 2013

Committee members:

Hafizov A. First Deputy Chairman of district

Abdulloev Sh. Deputy Chairman of Gisar district

HamdamovA.

Ghairatova M.

Aloviddinov Sh.

Nizomov M.

Rahimov A.

Saifulloev F.

Mahmadaliev N.

Rahmatov E.

Teshaev N.

Safarov M.

Sharifov B

UsmonovS.

Ashurov Kh.

KamolovA.

Head of Agriculture Department of Gisar district

Head of Land Committee of Gisar district

Head of Architecture Department of district

Head doctor of State Sanitation Control Center of the district

Head of the militarized department No. 17 (MXDO)

Head of Electrification Department of the district

Chairman of the department of Environmental control and protection

Chairman of Gisar water utilization department

Chairman of Production Cooperative 'Vatan'

Chairman of jamoat Somon

Chairman of jamoat of Gisar town

Chairman of jamoat Dehqonobod

Chairman of Road Maintenance Department of Gisar

Chairman of Production Cooperative 'Latif Murodov'

The Committee reviewed the order from the Government of the Republic Tajikistan onthe. allotment of land to Road Maintenance Department of Gisar district for construction of the main projected roadfrom the lands of Production Cooperatives 'Vatan' and 'Latif Murodov' and supportive lands of individual land holders in jamoat Somon of Gisar district, dated oath November 2012 under No. 524606(13-3) that was registered in the Local Executive Government Office of the Gisar district under No. 307 dated 22"d November 2012.

According to the order of the Government of Republic of Tajikistan on allotment of land for construction of projected road according to the master plan of Gisar district within 7.93 ha of land the Committee has reviewed current ownership and condition of the lands. Out of 7.93 ha of the proposed land for road construction 4 ha lands belong to Production Cooperative 'Vatan', out of

31

I I I I I

I .

I I ,

I I .

I

I I .

I I

I

I I

which 3.74 ha is under copping, 0.14 ha is under farms' roads, 0.12 ha under ditches. 0.47 ha land registered as supportive lands of individual land holders living in Ghairatobod village of jamoat Somon. These lands according to land committee maps are registered under land parcels No. 800, 821, 822 and 825, which are irrigated cropping lands.

Allotted lands for road construction belonging to Cooperative Production Cooperative Latif Murodov' is 3.46 ha out of which irrigated cropping land area is 3.26 ha, lands under road is 0.16 ha and ditches is 0.04 ha that according to land use maps registered under No. 2 and 3.

The relief of the land is plane and installation water and sewage systems, pipelines, heating system, electricity and land area preparation, cleaning and sanitation information will be provided according to the conclusions of the relevant departments.

The committee members concluded that allotted 7.93 ha land for construction of projected road according to the master plan of Gisar district is appropriate and there is no any objection for implementation of this project.

Agreed and signed by all committee members.

Hafizov A. Agreed by signing and stamp

Abdulloev Sh. Agreed by signing and stamp

Hamdaniov A. Agreed by signing and stamp

Ghairatova M. Agreed by signing and stamp

Aloviddinov Sh. Agreed by signing and stamp

Nizomov M. Agreed by signing and stamp

Rahimov A. Agreed by signing and stamp

Saifulloev F. Agreed by signing and stamp

Mahmadaliev N. Agreed by signing and stamp

Rahmatov E. Agreed by signing and stamp

Teshaev N. Agreed by signing and stamp

Safarov M. Agreed by signing and stamp

Sharifov B Agreed by signing and stamp

Usmonov S. Agreed by signing and stamp

Ashurov Kh. Agreed by signing and stamp

Kamolov A. Agreed by signing and stamp

I I I .

I

I l / '

I: / ,

I I , I i

I

I / ,

I I I .

l

Copy of the original Act dated 141" January 2013

Page 1of4

33

' '

Map of the lands owned by Production Cooperative 'Latif Murodov' Acquired land for construction of the projected road Page 4 of 4

36

i '

Republic of Tajikistan

Letter from Chairman of Gisar district

From 17'" October 2012 No. 2065 Gisartown

37

I

I I I

I I I I I ,

I :

I . I I I

I

I . j

To the Government of the Republic of Tajikistan

Local State Executive Government Body of Gisar district within the framework of the order of President of Tajikistan Emomali Rahmon about preparation for the celebration of 30001

h anniversary of Gisar district and updated master plan of Gisar town is providing following information.

It is worth to mention that according to the master plan of Gisar town for construction of roads, residential and administrative buildings, construction of public sport complexes and cultural places, 328.5 ha lands of Production Cooperatives of 'Vatan', 'Latif Murodov' and '5oth anniversary of October' have been allocated into Gisar town territory that have been ratified by the Order of the Government of Tajikistan 'About approval of Master Plan of Gisar town of Gisar district', registration number 337 dated from 30111 June 2012 year.

We remind that for the implementation of the Master Plan in two phases in the years of 2020 and 2032 and preparation works for celebration of 3000111 anniversary of Gisar for construction of roads, residential and administrative buildings, construction of public sport complexes and cultural places

. up to year of 2015, it has been planned to allocate lands: out of lands of Production Cooperative 'Latif Murodov' 250.28 ha lands have been allotted out of which 29.39 ha land under multistory buildings, 40.45 ha under public and cultural structures, 22.3 ha for parks, sport complexes and play grounds, 128.74 ha for construction of multistory residential buildings, 8.38 ha for construction of health center, 10.83 ha under communication, 19.2 ha under produces and maintenance facilities, 6.99 ha under road and ha under social and communal services have been planned, out of lands of Production Cooperative 'Vatan' 38.62 ha lands have been allotted out of which 1.80 ha land under multistory buildings, 8.50 ha under public and cultural structures, 15.88 ha for parks, sport complexes and play grounds, 12.44 ha under roads, streets and communication facilities have been planned, out of lands of Production Cooperative '501

h anniversary of October' 23.60 ha lands have been allotted out of which 17.6 ha land under multistory buildings, 2.4 ha under production plants structures, 3.6 ha under roads, streets and communication facilities have been planned.

We would like to mention that based on the Order of the Government of the Republic of Tajikistan 'About allotment of land to Limited Liability Company 'Gisor construction material market' and Order of the Chairman of Gisar district on allocation of 328.5 ha agricultural irrigated lands where area of 16 ha land plot out of Production Cooperative 'Latif Murodov' for establishment of construction material market have been permitted.

Land acquisition and compensation of losses at the time of allocation of lands for households' plots, construction of residential, public and production infrastructures will take place according to clause 42 and 45 of the Land Code of the Republic of Tajikistan.

Considering these for preparing draft Decree of the Republic of Tajikistan and an Act of allotment of lands of the production cooperatives which were mentioned above in to balance of Gisar town remaining 312.5 ha of land based on the approved Master plan of the Gisar town for construction of buildings and other structures within the first phase and provision of remaining lands for temporary land users (for agricultural production and greening) the area of lands where construction works planned under phase two of the implementation of Master plan of Gisar town, awaiting for your instructions.

Chairman B.Solihov

38

I I I I

I I I . I I . I . I I ,

I . I I I I I

I .

I

This letter was received by the Government of Tajikistan in November 2012 with registeration No. 54606.

For further analysis and suggestions to the Government of Tajikistan copy of the letter was given to:

Land Committee and Geodesy of the Republic of Tajikistan

Ministry of Reclamation and Water resources

Ministry of Agriculture

Design and Construction Agency

Signed off by Deputy of the Prime Minister of the Republic of Tajikistan

Mr. Murodali Alimardon

I

I I .

I I I J ,

1 ·

I , I

I

I I

I

I

I .

From 14 Julv2014

Chairman of the Hissar district

Of the Republic of Tajikistan

DECISION

No. 1577 Gissar

On replacement of equivalent land Ghayratobod village of Somon jamoat to use private household (Presidential land) with replacement land that came under the project of the main road of Hissar district, from the land production cooperatives "Vatan" located in Somon Jamoat of the Hissar district.

According to the 2oth article of the Constitutional Law of the Republic of Tajikistan "On the State Local Government Unit" the 26th article of the Land Code of the Republic of Tajikistan I hereby d e c re e:

1. The Act from 7th July 2014 to replace the equivalent land Ghayratobod villager of Somon jamoat for the use of private household (Presidential land) with replacement land that came under the project of the main road of the Hissar district, from the land production cooperatives "Vatan" located in the Somon jamoat of the Hissar district in the total area of 0.51 hr. of irrigated land water, according to the household card "Vatan" from the couture 821 to replace to the couture 825, the residents of the Somon Jamat Gayratobod village to provide equivalent land for the use of the private households (Presidential land).

2. The Land Management Committee of the district's ensure to provide to the citizens the right certificate of land use.

3. to monitor the implementation of this decision by the Committee of district land Management.

Chairman of the Hissar district: U. Sabzov

46

• ct3 19' tfd,,()P{

.·:i-::;}_:<,~:u>:··::·

i~~~f•JD!'l'O'fJIK1IC1'0H PAJfCH llO.J{!lHII )(llCOP

l(APOP

Cl>RU 2014 m.J(ucop

Olf,llrt l4Bll3 llllMyitUHll l\ll11>an 3$ffi!!J\OH 6apofla~p1lllH aa \\OlfktHOmt "{!IMOlfrl'f ).le~on1 COMOH )le~im Fal!prrro5oJJ, oapou n<!11lJ!lo11a6ap1m xo•rfil'lm · l!pnpnconn ma:xcfl (!1pc3m1e1m1) .· 60 !till!:;!! :ll\Mlill'l:SOH 3epn po)\!! .l!COC!T \llJTQMOOHJll'!lltll Jf()\1l\l\r!llll l!l~1ll\!{1! :l(rrc~p, '1'• ;\llco6ll 3a111n1!;\0li KoorreparH1m McTe))Co11m1

. «$11TM»"BOJi!l'l>JIRP 'lnMO!!'.tll JIC)\OTH ·co~!O!l lfOl\Hlll! J!;ncop

Myro6~1'! MOl-\!lUM 20·ltJ\oapm·.Koncnfl:ytcHom·m.'lYMJ\Yp!m To•jFUtli!O'l:ol! «)J.ap 6opall Mfll\t)!.iOTJil'. .M!P\aJ!)lli!ll: ))O!G.!MHJrn! ,!JJ\!Jlll\l'l'!)), MO,UlllH 26 Ko).lel<Cll

. /~!lMHlm "LfYMl\Y.PHI! To'{l!.R'JAoToli tya!H}P 11-1e~y1mM:

L Car~!lJ;l; "!\$ -01·YM1;\ l'!l()l"ll'I'. oomr 2lfI4 0!11J;rt llBaa rra111-y,!l,llRH J.\Hl"'lial1 1m.c1m111ol! 6apooapap3:r!m !fa corutllJjlill. 'l{iMoaTa ;(e)o'l'M CoMOH .!le.l\ll"ll FafrpuTo6oJl 6apm1 ID.JnicpO.fla6aplili XO'J"!lJ'fill epl'!PaCOHff!IlilXC.!1 (CTpe3H.!lelrrl1) 00 F!Ba3fl 3!1MllJ-L)OH

3ep11 pm;ir acllCll aino"Mo6HJ!!'flJ.1\I J10l!J'\a1Jl1:1! mll)\Pmm Ji;acop, as i)HC0611 sllMli!f11;crll: t<pnT!eJJaTl!lIH H.o:re;iycmm!! ~<B:aT&ID> Bo:f\e:O ;:iap 1la111oan:11 J.\ex;oTH -CoM01m H(fi)Hln! '.X;HCo.lJ ~p MaCOJ}aTl! )'MyMHl! 0,5 I . ra. ~~~!HH!! KOJlal.lH. o6upo 'tll!U!(!!Jl:.J:!O/la TllOI\:I! Xa{1lll'l.IHXO',!!lrllll «lfarnm> all Tap)lll 821 oa 'tap::<,H·.8:25 ml.a3 rcap).la myµa, rtt~li!tllt/:(O"HH -t[aMoam JJ:l.lJ;,oni CoMoU · /,(Cl\aH Failpaw5t>J.lpO Go :J;'lMHH!l()fl (Ji1po61lpap'31!trl ffolJ.e;H· ll~'THtj>o,qa6ap1rn 3!fMY!HJl;OH. XO'janm epl!jJUCO!ll! m1V1c:rt{Ilpll~llf(etrr.1t) 'ntfilllf!Hltapwi inamm.!l,

2 .. KYMH'.fllH 11.riopal! :!~1F)R11iroJ1;Hi! na:imDat\Op Kap'A~ maBaJ,, KH maJi:pJW.(onpo · 60 cep:r!1.tlil'll<aTit ')\y.l))'"R;H !l:CTHcpO.t\l!li llaM!Ill 1'tl:bMli!I ffilM!)l!J.I,

3. Hll3.opaTI! attpri11 ~Pl'\rl!'ti>i11\IKYP 6a :mMMan KyMaraM l1'Abpa1naM1ffin noiv1-;u · · l~b)];l'.1'11 ID:Ji!ll~t!;

Y. C(l/J:.100

47