land acquisition and resettlement plan (larp ... · scope of land acquisition and resettlement 1....

Land Acquisition and Resettlement Plan (LARP) Implementation Report

Mar 2014

L2466-KGZ: Surkhandarya Water Supply and Sanitation Project

‘ Prepared by: ADB PMU of Uzbekistan Communal Services Agency “Uzkommunkhizmat” This land acquisition and resettlement plan implementation 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. Your attention is directed to the “terms of use” section of this website.

Scope of Land Acquisition and Resettlement

1. The subproject located in the Djarkurgan district of Surkhandarya province will (1)reconstruct and increase capacity of “Surkhan” water intake; (2) lay 16 km of trunkmains off taking from the “Surkhan” water intake and (3) 55 km distribution lines. Thisinfrastructure will provide safe water supply, on a continuous basis, to households in 17villages with a total population of 28 852 people.

2. The physical component of the Project primarily includes the replacement of watersupply systems in 9 subprojects. There was new construction in one district thatentailed temporary impacts on households and land. In Djarkurgan district, newconstruction entailed minimal temporary agricultural land acquisition. There is nopermanent impact in the whole Project. No residences or structures had been impactedor demolished. The “Surkhandarya Water Supply and Sanitation” Project has temporaryimpact only in Djarkurgan district (in rural settlement “Surkhan”).

Affected Persons

3. Initially, during preparation of the LARP it was expected that totally 5.236 hectares ofland will be temporarily affected. However, later, during the surproject implementationperiod this indicator had reduced. Totally 2.642 hectares had been temporarily affectedduring execution of pipelaying works from water intake of “Surkhan” to rural settlements.

4. The water main route went from the “Surkhan” water intake through fields of farmsand private family households. Totally, temporarily had been affected: farm enterprises– 2.6 ha and family households – 0.042 ha.

5. These irrigated cultivated lands are operated by 7 farm enterprises (fields) and 12private family households (vegetable gardens). According to the LARP, the temporarystrip of land required during construction was: farms - 10 meters wide (5 m from eachside of the center axis to enable the excavator to move on one side and allow space tostore the dug up earth and top soil on the other side) and family households – 3 meters(hand dug to minimize scope of negative impact).

6. However, during the process of laying pipe this strip o land in farm enterprises hadbeen reduced from 10 meter wides to 5 meters wide due to using special diggingequipment. As a result the total affected lands of farm enterprises was reduced indouble: from 5.2 hectares to 2.6 hectares.

7. As mentioned in the LARP the pipelaying works on lands of the farm enterprisesand households had been executed in November 2012-January2013. During that periodno crops were on land and no agricultural works had been were on and actual scope ofimpact was equal to zero. After completion of pipelaying works, these strips of landshad been immediately restored by the Project and returned to owners in originalcondition.

8. Regarding the family household. According to the LARP, 11 households with totalarea of 0.036 hectares were expected to have temporary impact during implementationof the subproject. However, during the subproject implementation 1 more AP wasidentified with insignificant impact of 0,006 hectares which is 3.8% of total area of thehousehold land area (see Table below).

9. Hence, 7 farm enterprises and 12 family households had lost access temporarily (forperiod of 3-4 weeks), on an average to 0.93 % of their operated holding, which is veryinsignificant (Table 2).

Table 1. Temporary loss of access to land during November-January 2012/13 where pipelaying works had been implemented (as per LARP).

№ Name Location

Totalland

leased/operated

(ha)

Areatempo-rarily

affected(ha)

Fieldnumber

Type of land

TemporarilyAffected

land as % oftotal

operatedland

holding

FARM ENTERPRISES

1.«Zulfiya» (AP: Hudoyberdiev Ashur)

Surkhan 60.9 1.0331;328;

327Irrigated-cultivated

1.64

2.«Kamol Bobo» (AP: Kurbonov Normamat)

Surkhan91.4 0.5 333

Irrigated-cultivated

0.52

3.«Said» (AP: Turakulov Uktam)

Surkhan95.9 0.10 174;173


0.1

4.«Bobomurod» (AP: Irmurodov Hurram)

Surkhan66.1 0.58

411;412;413


0.87

5.«Arabbek» (AP: Umarov Shukhrat)

Surkhan63.0 0.51 411;407


0.81

6.«Namoz Bobo» (AP: Kulatov Bahodir)

Surkhan88.8 0.4 406


0.45

7.«Farhod» (AP: Toshboev Mahsumkul)

Surkhan202.5 2.11

859;259;864,

861;80


1.53

5.2 га

FAMILY HOUSEHOLDS

1. Karshieva Bibihon Surkhan 0.16 0.006 -Irrigated-cultivated

3.75

2. Kuchimov TuraSurkhan

0.16 0.006 -Irrigated-cultivated

3.75

3.Holmurodov Abdumalik

Surkhan0.20 0.0015 -


0.75

4.Choriev Nurali Surkhan


1.87

5.Turdiev Hudoyberdi Surkhan


1.87

6.Mustafokulov Hasam Surkhan


1.2

7.Choriev Juma Surkhan


2

8.Kahhorov Mahmatkul

Surkhan 0.200.003

-Irrigated-cultivated

1.5

9.Ramazonov Abduvait Surkhan

0.250.003


1.2

10.Aljorov Juma Surkhan

0.220.003


1.36

11.Zulfikorov Tursunpulat

Surkhan0.20 0.0015 -


0.75

0.036

Total temporary affected land 5.236

10.No one lost productive assets permanently due to pipelaying works in this region. 7farm enterprises temporarily lost access to an insignificant portion of their leased landtemporarily: on an average no more than 0.92% of their total leased land (all pipe layingworks on lands of 7 farm enterprises took 3-4 weeks) in autumn-winter constructionperiod, when no agricultural works were executed. 12 family households on whosevegetable gardens pipelaying works also had been executed in late autumn (all pipelaying works on kitchen gardens of 12 families had been executed in November-

January 2012/13) also temporarily lost access to insignificant portion of their lands, onaverage no ore than 1.7%.

Table 2. Temporary loss of access to land during November-January 2012/13 where pipelaying works had been implemented (actual).

№ Name Location

Totalland

leased/operated

(ha)

Tempo-rarily

affectedarea(ha)

Fieldnumber

Type of land

TemporarilyAffected

land as % oftotal

operatedland

holding

FARM ENTERPRISES

8.«Zulfiya» (AP: Hudayberdiev Ashur)

Surkhan 60.9 0.5331;328;

327Irrigated-cultivated

0.82

9.«Kamol Bobo» (AP: Kurbonov Normamat)

Surkhan91.4 0.25 333


0.27

10.«Said» (AP: Turakulov Uktam)

Surkhan95.9 0.05 174;173


0.055

11.«Bobomurod» (AP: Irmurodov Hurram)

Surkhan66.1 0.29

411;412;413


0.438

12.«Arabbek» (AP: Umarov Shukrat)

Surkhan63.0 0.255 411;407


0.405

13.«Namoz Bobo» (AP: Kulatov Bahodir)

Surkhan88.8 0.2 406


0.225

14.«Farhod» (AP: Toshboev Mahsumkul)

Surkhan202.5 1.055

859;259;864,

861;80


0.52

Total 2.6

FAMILY HOUSEHOLDS

1. Karshieva Bibihon Surkhan 0.16 0.006 -Irrigated-cultivated

3.75

2. Kuchimov TuraSurkhan


3.75

3. Holmurodov Abdumalik Surkhan


0.75

4.Choriev Nurali Surkhan


1.87

5.Turdiev Hudoyberdi Surkhan


1.87

6.Mustafokulov Hasam Surkhan


1.2

7.Choriev Juma Surkhan


2

8.Kahhorov Mahmatkul

Surkhan 0.200.003


1.5

9.Ramazonov Abduvait Surkhan

0.250.003


1.2

10.Aljorov Juma Surkhan

0.220.003


1.36

11.Zulfikorov Tursunpulat Surkhan


0.75

12.Sobirov Yulchi Surkhan


3.75

0.042

Total temporary affected land 2.642

11.All these farm enterprises and households will directly benefit from the Projectimplementation such as twenty-four hour access to clean and safe water supply.

Compensations

12.The temporary loss of access to cultivated irrigated land had been compensated incash based on calculation of loss of potential income on the basis of maximal revenue:per 1 hectare for farm enterprise and 0.10 hectare for family households in 2009. Thecalculation for compensation is based on entitlement matrix provided in “LandAcquisition and Resettlement Planning Document (LARP) for Djarkurgan district ofSurkhandarya province, September 2010” Section 4.5. The households whichdetermined as vulnerable groups (totally there are 5 households referred to vulnerablegroups, highlighted in yellow in Table 3) received additional compensations. For them,

calculated amount of compensation had been multiplied by three times as foreseen inthe LARP. For example: Temporary impacted land of Mr. Kuchimov Tura was equal to0.006 ha. Calculated compensation amount was equal to 12 200 UZS. Compensationpaid: 12 300 x 3 = 36 900 UZS. (For detailed information on provisions forcompensations for vulnerable groups see “Land Acquisition and Resettlement PlanningDocument (LARP) for Djarkurgan district of Surkhandarya province, September 2010”,Section 3.2, Item 24). Construction works of temporarily affected lands started afterpayment of all compensations.

13.Compensations had been paid in April 2012. Initially, according to the LARP the totalamount of compensations was equal to 10 729 415 UZS. However, after reduction ofscope of impact and identification of one more household this amount was 5 565 904UZS (About 3000 USD). The detailed information for that is given in below table.

Table 3. Compensations for temporary loss of access to land

Farm enterprises

# Head FarmTemporary impacted

area (ha)

Compensationamount

(thnd. UZS)

1 Hudayberdiev Ashur “Zulfiya” 0.5 1 085

2 Kurbonov Normamat “Kamol Bobo” 0.25 550

3 Turakulov Uktam. “Said” 0.05 98.5

4 Irmurodov Hurram “Bobomurod” 0.29 665

5 Umarov Shukrat “Arabbek” 0.255 520

6 Kulatov Bahodir “Nomoz bobo” 0.2 370

7Toshboev Mahsumkul

“Farhod”1.055 1 910

Total 2.6 5 198.5

Family households

HeadTemporary impact

(ha)

Compensationamount

(thnd.UZS)

1 Karshieva Bibikhon 0.006 16.875

2 Kuchimov Tura 0.006 36.9

3 Holmurodov Abdumalik 0.0015 9.34

4 Choriev Nurali 0.003 28.0

5 Turdiev Hudoyberdi 0.003 43.8

6 Mustafokulov Hasam 0.003 11.23

7 Choriev Juma 0.003 28

8 Kahhorov Mahmatkul 0.003 28.92

9 Ramazonov Abduvait 0.003 69.6

10 Alyorov Juma 0.003 42.0

11 Zulfikorov Tursunpulat 0.0015 7.35

12 Sobirov Yulchi 0.006 35

Total 0.042 367.404

Grand total 2.642 5 565.904

14.Compensations were paid on the basis of Land Acquisition and Resettlement Plan(LARP) prepared for Djarkurgan Subroject. The LARP was prepared in September 2010by UCSA in coordination with local authorities in charge for land acquisition andresettlement issues based on current land acquisition and resettlement rules of theRepublic of Uzbekistan and ADB. All the LARP provisions were agreed with FirstDeputy Hokim of Djarkurgan district of Surkhandarya province, Head of DjarkurganDistrict State Land Resources and Cadastre Department, Chief Architect of DjarkurganDistrict, Head of Djarkurgan District Agriculture and Water Resources Department,Head of District Water Supply Enterprise. Then, the LARP was submitted to ADB’sreview and approval. ADB’s approval was received in October 2010. The LARP iscompletely in line with provisions of the Decree of the Cabinet of Ministers ofUzbekistan No.146 which was adopted later in May 2011 and ADB’s SPS 2009.

Consultations

15.During the Project implementation number of meetings had been held.

16. The meetings had been held with affected farm enterprises, private familyhouseholds, members of “Surkhan” Rural Council of Peoples as well as makhallyacommittees. During the consultations they were informed about LARP principles,compensations and entitlements (See Appendix 2).

17.Also, before and after construction works the PIU officers had continuous meetingswith affected households with a view of discussion of routes of pipelines’ lines,possibilities for minimization of land acquisition and scope of impact.

Grievance

18.Up today no claims had been received from affected persons.

External monitoring

19.PMU plans to hire independent external monitoring and evaluation specialist withinApril-May 2014 to evaluate effectiveness of LARP of this subproject. Totally, oneperson-month of services will be used.

20. Major tasks expected from the external monitor are:(i) Review and verify internal monitoring systems and findings (ii) Verify the internal monitoring process and reporting by executing agency (EA)through field visits and independent investigations. (iii) Prepare independent reports based on monitoring visits. (iv) Suggest major recommendations for remedial actions (v) Identify lessons learned. (vi) Maintain database of independent surveys. (vii) Assess the extent to which the resettlement plan is being followed and objectivesbeing met. (ix) Assess Adequacy of the Management Information System. (x) Monitoring of compensations’ payments, adequacy of payments and paymentschedules.(xi) Monitoring consultations and information dissemination.(xii) Monitor the quality, effectiveness, efficiency and sustainability of the resettlementefforts

Appendix 1

COPIES OF COMPENSATION

RECEIPT CERTIFICATES

CERTIFICATION

I, head of “Zulfiya” Farm Enterprise Mr. Khudayberdiev Ashur, have no objection forimplementation under Asian Development Bank’s “Surkhandarya Water Supply andSanitation” project pipe-laying construction works on my farm enterprise lands of 0.5hectares located in “Surkhon” village on field numbers of 331, 328 and 327.

I was paid compensation of 1.085 mln.UZS for use of 0.5 ha of land.

Head of “Zulfiya” Farm Enterprise Mr. A. Khudoyberdiev

/10.04.2012/

Certified by:

Head of “Makhalla” (local community) Mr. P. Tursunov

CERTIFICATION

I, head of “Kamol Bobo” Farm Enterprise Mr. Kurbonov Normamat, have no objectionfor implementation under Asian Development Bank’s “Surkhandarya Water Supply andSanitation” project pipe-laying construction works on my farm enterprise land of 0.25hectares located in “Surkhon” village on field number 333.

I was paid compensation of 550 thnd.UZS for use of 0.25 ha of land.

Head of “Kamol Bobo” Farm Enterprise Mr. N. Kurbonov

/10.04.2012/

Certified by:


CERTIFICATION

I, head of “Said” Farm Enterprise Mr. Turakulov Uktam, have no objection forimplementation under Asian Development Bank’s “Surkhandarya Water Supply andSanitation” project pipe-laying construction works on my farm enterprise land of 0.05hectares located in “Surkhon” village on field numbers of 174 and 173.

I was paid compensation of 98 500 UZS for use of 0.05 ha of land.

Head of “Said” Farm Enterprise Mr. U. Turakulov

/10.04.2012/

Certified by:


CERTIFICATION

I, head of “Bobomurod” Farm Enterprise Mr. Irmurodov Hurram, have no objection forimplementation under Asian Development Bank’s “Surkhandarya Water Supply andSanitation” project pipe-laying construction works on my farm enterprise land of 0.29hectares located in “Surkhon” village on field numbers of 411, 412 and 413.


Head of “Bobomurod” Farm Enterprise Mr. H. Irmurodov

/10.04.2012/

Certified by:


CERTIFICATION

I, head of “Arabbek” Farm Enterprise Mr. Umarov Shukhrat, have no objection forimplementation under Asian Development Bank’s “Surkhandarya Water Supply andSanitation” project pipe-laying construction works on my farm enterprise land of 0.255hectares located in “Surkhon” village on field numbers of 411 and 407.


Head of “Arabbek” Farm Enterprise Mr. Sh. Umarov

/10.04.2012/

Certified by:


CERTIFICATION

I, head of “Namoz Bobo” Farm Enterprise Mr. Kulatov Bakhodir, have no objection forimplementation under Asian Development Bank’s “Surkhandarya Water Supply andSanitation” project pipe-laying construction works on my farm enterprise land of 0.2hectares located in “Surkhon” village on field number of 406.


Head of “Namoz Bobo” Farm Enterprise Mr.B. Kulatov

/10.04.2012/

Certified by:


CERTIFICATION

I, head of “Farhod” Farm Enterprise Mr. Toshboev Mahsumkul, have no objection forimplementation under Asian Development Bank’s “Surkhandarya Water Supply andSanitation” project pipe-laying construction works on my farm enterprise land of 1.055hectares located in “Surkhon” village on field numbers of 859, 259, 864, 861 and 80.

I was paid compensation of 1.910 mln. UZS for use of 1.055 ha of land.

Head of “Farhod” Farm Enterprise Mr.M. Toshboev

/10.04.2012/

Certified by:


CERTIFICATION

I, Mrs. Karshieva Bibikhon, have no objection for implementation pipe-layingconstruction works on my land plot of 0.006 hectares within the Asian DevelopmentBank’s “Surkhandarya Water Supply and Sanitation” project.


Mrs. Karshieva Bibikhon 10 April 2012

Certified by:

Head of “Makhalla” (local community) Mr. Jumaev Sh.

CERTIFICATION

I, Mr. Kuchimov Tura, have no objection for implementation pipe-laying constructionworks on my land plot of 0.006 hectares within the Asian Development Bank’s“Surkhandarya Water Supply and Sanitation” project.


Mr. Kuchimov Tura 10 April 2012

Certified by:

Head of “Makhalla” (local community) Mr. R. Sherov

CERTIFICATION

I, Mr. Holmurodov Abdumalik, have no objection for implementation pipe-layingconstruction works on my land plot of 0.0015 hectares within the Asian DevelopmentBank’s “Surkhandarya Water Supply and Sanitation” project.


Mr. Holmurodov Abdumalik 10 April 2012

Certified by:

Head of “Makhalla” (local community) Mr. R. Sherov

CERTIFICATION

I, Mr. Choriev Nurali, have no objection for implementation pipe-laying constructionworks on my land plot of 0.003 hectares within the Asian Development Bank’s“Surkhandarya Water Supply and Sanitation” project.


Mr. Choriev Nurali 10 April 2012

Certified by:

Head of “Makhalla” (local community) Mr. A. Nazarov

CERTIFICATION

I, Mr. Turdiev Hudoyberdi, have no objection for implementation pipe-laying constructionworks on my land plot of 0.003 hectares within the Asian Development Bank’s“Surkhandarya Water Supply and Sanitation” project.


Mr. Turdiev Hudoyberdi 10 April 2012

Certified by:


CERTIFICATION

I, Mr. Mustafokulov Hasam, have no objection for implementation pipe-layingconstruction works on my land plot of 0.003 hectares within the Asian DevelopmentBank’s “Surkhandarya Water Supply and Sanitation” project.


Mr. Mustafokulov Hasam 10 April 2012

Certified by:


CERTIFICATION

I, Mr. Choriev Juma, have no objection for implementation pipe-laying constructionworks on my land plot of 0.003 hectares within the Asian Development Bank’s“Surkhandarya Water Supply and Sanitation” project.


Mr. Choriev Juma 10 April 2012

Certified by:


CERTIFICATION

I, Mr. Kahhorov Mahmatkul, have no objection for implementation pipe-layingconstruction works on my land plot of 0.003 hectares within the Asian DevelopmentBank’s “Surkhandarya Water Supply and Sanitation” project.


Mr. Kahhorov Mahmatkul 10 April 2012

Certified by:


CERTIFICATION

I, Mr. Ramazonov Abduvait, have no objection for implementation pipe-layingconstruction works on my land plot of 0.003 hectares within the Asian DevelopmentBank’s “Surkhandarya Water Supply and Sanitation” project.


Mr. Ramazonov Abduvait 10 April 2012

Certified by:


CERTIFICATION

I, Mr. Alyorov Juma, have no objection for implementation pipe-laying constructionworks on my land plot of 0.003 hectares within the Asian Development Bank’s“Surkhandarya Water Supply and Sanitation” project.


Mr. Alyorov Juma 10 April 2012

Certified by:


CERTIFICATION

I, Mr. Zulfikorov Tursunpulat, have no objection for implementation pipe-layingconstruction works on my land plot of 0.0015 hectares within the Asian DevelopmentBank’s “Surkhandarya Water Supply and Sanitation” project.


Mr. Zulfikorov Tursunpulat 10 April 2012

Certified by:


CERTIFICATION

I, Mr. Sobirov Yulchi, have no objection for implementation pipe-laying constructionworks on my land plot of 0.006 hectares within the Asian Development Bank’s“Surkhandarya Water Supply and Sanitation” project.


Mr. Sobirov Yulchi 10 April 2012

Certified by:


Appendix 2

List of consultations participants

No. Name Position

1. Mr. Pulat Tursunov - Head of Surkhan village 2. Mr. ILmuradov Sadik - Local community activist 3. Mr. Khazratkulov Norbek - Local community activist 4. Mrs. Pulatova Ugiloy - Local community activist 5. Mr. Khaydarov Botir - Local community activist 6. Mrs. Khudoyberdieva Risolat - Local community activist 7. Mr. Kholikov Bobomurod - Local community activist 8. Mr. Jumaev Musulmon - Local community activist 9. Mr. Toshmurodov Kodir - Local community activist 10. Mr. Sherov Rajab - Local community activist 11. Mr. Nazarov Rakhim - Local community activist 12. Mr. Nazarov Abdulla - Local community activist 13. Mr. Rustamov Rustam - Local community activist 14. Mrs. Karshieva Bibikhon - AP, family household

15. Mr. Kuchimov Tura - AP, family household 16. Mr. Holmurodov Abdumalik - AP, family household 17. Mr. Choriev Nurali - AP, family household 18. Mr. Turdiev Hudoyberdi - AP, family household 19. Mr. Mustafokulov Hasam - AP, family household 20. Mr. Choriev Juma - AP, family household 21. Mr. Kahhorov Mahmatkul - AP, family household 22. Mr. Ramazonov Abduvait - AP, family household 23. Mr. Alyorov Juma - AP, family household 24. Mr. Zulfikorov Tursunpulat - AP, family household

25. Mr. Sobirov Yulchi - AP, family household

26. Mr. Hudoyberdiev Ashur - AP, Head of Zulfiya farm enterprise (f.e)

27. Mr. Kurbonov Normamat - AP, Head of Kamol Bobo f.e

28. Mr. Turakulov Uktam - AP, Head of Said f.e

29. Mr. Irmurodov Hurram - AP, Head of Bobomurod f.e

30. Mr. Umarov Shukhrat - AP, Head of Arabbek f.e

31. Mr. Kulatov Bahodir - AP, Head of Namoz Bobo f.e

32. Mr. Toshboev Mahsumkul AP, Head of Farhod f.e

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