Resettlement Planning Document

Draft Resettlement Plan for Land Pooling Related-works of Component A (Babesa LAP, Thimphu) Document Stage: Draft Final Project Number: 38049 JUNE 2011

Bhutan: Urban Infrastructure Development Project

Prepared by the Department of Urban Development and Engineering Services

The resettlement plan 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.

A. Scope of Land Acquisition and Resettlement

1. Background

1. The project will (i) improve urban infrastructure, planning, and management; (ii) enhance urban livelihoods; and (iii) increase capacity for administering urban infrastructure supply and maintenance works through four components. Component A for Thimphu includes: (i) city-level works (water supply, upgrading of the existing wastewater treatment plant, and solid waste management); and (ii) roads and drainage, and water supply and sewerage connection in four areas of southern Thimphu extended areas. Component B for Phuentsholing includes: (i) roads and drainage; (ii) footpaths and pedestrian bridge; and (iii) social infrastructure (fire hydrant and street lights). Component C for Dagana includes: (i) water supply and sanitation; and (ii) road and drainage. Component D which is for institutional development which includes: (i) technical support on unaccounted for water and water calibration; (ii) operational efficiency; (iii) public awareness support; and (iv) financial management. The main benefits of the project will be: (i) improved urban environment, public health, and living standards in Thimphu, Phuentsholing, and Dagana; (ii) effectively managed, reliable, and sustainable urban services; and (iii) improved economic and social conditions from investments in roads and drainage, water supply and sanitation, solid waste management, and other urban amenities.

2. This resettlement plan has been prepared for Babesa LAP based on detailed technical design of urban infrastructures. The steps followed were:

(i) Thimphu City Corporation (TCC) conducted continued consultations with all stakeholders1 regarding how to avoid and minimize resettlement impacts. Needs and preferences were identified. (ii) A socio-economic survey and census of all affected landowners and non-titled affected persons were conducted to identify different categories of affected persons, based on the degree and scale of impacts of land pooling. The resettlement plan eligible affected persons and identification2 required for claiming compensation. (iii) A time-bound schedule for resettlement plan implementation, procedures for grievance redress, monitoring and evaluation (both internal and external) has been finalized. (iv) The resettlement plan will be translated into local language and disclosed through public notices, and through mass media. The executing agency will review and endorse the resettlement plan. (v) Once the executing agency endorses the resettlement plan, it will be sent to Asian Development Bank (ADB) for approval. The approved resettlement plan will be posted on ADB’s website. The full resettlement plan will be consistent with ADB’s Policy on Involuntary Resettlement, 1995. (vi) The approved resettlement plan will be implemented before any award of construction contracts for roads and drainage, and water supply and sewerage connection in Babesa LAP.

1 Key stakeholders include: (i) all plot owners, non-titled affected persons, their households, and beneficiaries of the project (particularly vulnerable households); (ii) community leaders, town and city committee members, and community-based organizations and nongovernmental organizations; project staff (staff of respective implementing agencys, staff of PIU and PMU, and consultants); and various government agencies involved directly or indirectly. 2 The identification includes the (i) national identity card, and (ii) entitlement card issued by TCC signed by theaffected person and TCC.

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2. Scope of Impacts

3. Urban Development Alternatives and Land Pooling. For roads and drainage, and water supply and sewerage connection in four areas of southern Thimphu extended areas3 (part of the project’s Component A), possible urban development approaches were evaluated. The evaluation shows that urban land pooling is the most suited option for the required works in the four areas of southern Thimphu extended areas given the plot configuration and topographical conditions.

4. Land pooling in southern Thimphu was initiated in 2001. The key issues raised during consultations were addressed in the following manner: land pooling will exclude traditional villages4 (and keep neighbors together to the extent possible); will ensure no impacts on residential and commercial structures (impacts on structures, and other assets such as trees will be compensated at replacement cost); will not allocate surplus land from the local area to finance land pooling; will include government land to reduce the contribution required from each landowner; and will minimize shifts in land plot owned but where it cannot be avoided, new plots will be within the same local area with similar physical characteristics.

5. Resettlement Impacts of Land Pooling. The total area required for establishing urban infrastructure facilities (roads, drainage, water supply, and sewerage connections), public amenities, service plots and green areas in Babesa LAP is 104.48 hectares. Of this area, 40.20 hectares (ha) will be from contributions of 222 landowners. The average contribution is 27.5% of affected plots.

6. During project preparation, the affected persons were identified which would require compensation and assistance. Land agreement for 96% of plots were obtained. The remaining 4% had absentee landowners. Consistent with the resettlement framework, absentee landowners will be compensated for land and all assets lost at replacement value.5 The census of affected landowners (non-absentee) identified that land pooling in Babesa LAP will have impacts on 53 affected persons who will be losing fruit bearing/non-bearing trees and structures. The census did not identify impacts on seasonal agricultural workers and leaseholders. The plots which used to be agricultural land, no paddy have been planted since 2006. Further, it was observed that there is no case of relocation.

7. The census did not identify impacts on common property resources. The implementing agency, TCC will compensate 53 affected persons for fruit bearing/non-bearing trees and structures (15 affected persons for structures such as, cow shed, RRM wall, Septic tank, barbed wire fence, wall (stone masonry, boundary), concrete stair, temporary toilet, water tap) at

3 Babesa, Changbangdu, Lungtenphu, and Simtoka. 4 Traditional village is an enclosed area with traditional structures (houses, warehouses, and animal sheds) that has historical values for conservation designated by the government. 5 All efforts were undertaken to consult with the absentee plot owners. Measures include: (i) public awareness campaigns to draw attention of plot owners; (ii) public announcement via media; (iii) notice board in each area indicating the names of plot owners who have not been able to be contacted; and (iv) frequent public consultation. Where despite all these efforts, plot owners of 4% of plot could not be reached, and were classified as absentee plot owners. Land and assets are valued using the same methodology as for non-agreeing households and the compensation due to the absentee/non-agreeing plot owners will be placed in an escrow account. The executing agency has allocated the budget requirement in the TCC annual budget for compensation of non-agreeing and absentee plot owners as equivalent to the escrow account. Information will be publicly announced annually through public media to allow the absentee plot owner to agree to land pooling or be compensated. The name list of the absentee plot owners is appended in Annex 7.

3 replacement cost. Table 1 provides impacts on Babesa LAP.

Table 1: Resettlement Impacts Impact Permanent Land Acquisition (ha) Compensation for 4% equivalent to 112.45 ha in escrow account for absentee landowners Temporary Land Acquisition (ha) 0 Permanently Affected Structures 0 Temporarily Affected Structures 15 Affected Trees/Crops (1144 Apple, 54 Peach ,16 Plum, 112 Walnut, 12 Pear, 1 Pepper, 10 Apricot, 3 Persimmon, 1250 Asparagus, 2 Dogwood) Affected Common Property Resources 0 Total Titled Affected Persons (Tree /structures owners) 53 Titled affected persons (Structure Owners) 15 Non-titled Affected Household 0 Single parent female-headed household 0 Indigenous people-headed household 0 Below-poverty line household 0 Affected persons 53 Average Family Size of all Plot owners 5 Average Annual Income of all Plot owners Nu.173,002.72 Main Source of Income of all Plot owners Others (52.01%) Average Family Size of all affected persons 4.5 Average Annual Income of affected persons Nu. 150,714.32 Main Source of Income of affected persons Trade & Business (50%) Source: Census and Socio-economic Survey, (October 2009)

B. Socioeconomic Information

8. A census and a socio-economic survey were conducted by TCC for plot owners (non- absentee) affected by land pooling in 27th October 2009. A total of 53 affected persons and 49 plot owners were surveyed. The socio-economic survey information is in Annex 1.

9. The census shows that there are 53 affected persons who will be losing fruit trees and structures in Babesa LAP. No agricultural workers were employed and none of the plots supported livelihood. No plot owner has incomes below the poverty line and these are no vulnerable households. The data shows that there are no households falling under a vulnerable category being a single parent female-headed household.

10. Gender. Overall, Bhutanese women enjoy equality in many spheres of life. Overt discrimination against women and gender disparities are relatively narrow and they enjoy equal if not better status than men in many aspects such as property inheritance, managing domestic finances, business, and being heads of households. Bhutan has a unique set of enabling factors which contribute to progress in the area of gender and development. High status of women, high public and government recognition of gender issues, strong commitment to women’s education, increasing women’s political participation, and Bhutan’s commitment to the Convention on the Elimination of all forms of Discrimination Against Women (1981), Convention on the Rights of the Child (1990), International Convention on the Elimination of all forms of Racial Discrimination (1973), and Beijing Platform for Action (1995)—pave the way for gender development and empowerment.

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11. Based on the socio-economic survey in the project areas, in Thimphu, most women are involved in jobs and businesses. Women spend more time in household activities. There is generally good health indicators for women in the project areas, all women who have children went for ante-natal checkups and children are immunized. This is reflected in Bhutan’s reduction in maternal mortality rate (from 97 per 1,000 live births in 1996 to 84 in 2000) and infant mortality rate (from 140 per 1,000 live births to 60.5 in 2000).

12. During project preparation, gender disaggregated data was collected. Data shows general equality between male and female landowners. There is no specific impact on women due to the project. Single-parent female-headed households are classified as vulnerable and will be provided additional entitlements. Joint ownership in the name of husband and wife will be provided while respecting legal ownership. Information dissemination, consultation, participatory approaches, and disclosure requirements will ensure equal targeting of men and women. During finalization of Babesa LAP, further consultations with women were undertaken confirming the findings during project preparation. In Babesa LAP, it was observed that women were aware of the proposed project and knew the benefits to be gained from the project.

C. Objectives, Policy Framework, and Entitlements

13. This resettlement plan is based on ADB’s Policy on Involuntary Resettlement (1995)— particularly sections on voluntary donation, the Land Pooling Rules of the Kingdom of Bhutan 2009, Land and for structures on the Land-Revision thereof (2009), and Cash Compensation Rates- 2008/2009 for cash crops/fruit trees/annual crops, and the agreed Resettlement Framework. ADB policy specifies that required safeguards include: (i) full consultation with landowners and any non-title affected people on site selection; (ii) ensuring that voluntary donations do not severely affect the living standards of affected people, and are linked directly to benefits for the affected people, with community sanctioned measures to replace any losses that are agreed through verbal and written record by affected people; (iii) any voluntary ―donation‖ will be confirmed through verbal and written record and verified by an independent third party such as a designated nongovernment organization or legal authority; and (iv) having adequate grievance redress mechanisms (GRM) in place. The resettlement framework addresses gaps between ADB and government’s policies and provides principles to be followed and entitlements for affected persons.

14. Land pooling will be guided by the following principles:

(i) All affected persons (titled and non-titled) will be fully informed and consulted onland pooling sites, compensation, entitlements, and resettlement assistance; (ii) Lack of formal legal land title is not a bar for compensation and assistance; (iii) Non-agreeing landowners and absentee landowners (through escrow) will be compensated for land and all assets lost at replacement value; (iv) Land pooling contributions will be confirmed by written record signed by the landowner, TCC, and verified by the Office of the Legal Affairs (OLA) (former Office of the Attorney General [OAG]) - with copies retained by the three parties; (v) Agreement from all participating landowners on a zonal basis is required for land pooling; (vi) Land pooling contributions will be kept at similar percentages to the extent possible and will not exceed 30%; (vii) Plot owners contributing to land pooling will directly benefit from roads and drainage, and water supply and sewerage connections. During consultation, plot owners will be informed by the government of the project’s implementation

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schedule and the expected timeframe for the delivery of benefits; (viii) Land pooling will not severely affect living standards of affected persons and the following measures will be ensured: a. land pooling will exclude traditional villages; b. land pooling will exclude land with residential and commercial structures; and c. land pooling will minimize shifts in land plot owned. Only land rendered inefficient from the perspective of agriculture or for future structures will be considered for shifting. Plot owner agreement will be required prior to shifting the location of plots and the reallocated plot will be within the same LAP; (ix) The government will not allocate surplus land from the local area to finance land pooling; (x) The government, to the extent possible, will include government land to reduce land pooling contributions; (xi) All non-titled affected persons whose income or livelihood is affected is entitled to receive assistance to restore income and livelihood at pre-project standards, and all vulnerable affected persons are entitled to receive additional assistance; and (xii) Adequate grievance redress mechanism will be in place with affected persons having recourse with regard to non-delivery of benefits.

15. Plot owners who do not agree to land pooling will not be eligible to participate and benefit from land pooling. The government will acquire the land of the non-agreeing plot owner6 and provide the affected person: (i) alternative land with equivalent characteristics if the affected land is the only land owned by the affected person; or (ii) compensation at market rates in accordance with Property Assessment and Valuation Agency (PAVA) rates and ADB's confirmation that the rate applied under PAVA is replacement value. The affected person will also be compensated for all assets on the land acquired at replacement value.

16. The entitlement matrix agreed for the whole land pooling component is in Table 2.

6 The government can acquire registered land for public interests (Clause 142, Chapter 7, Acquisition of Registered Land of the Land Act of Bhutan 2007.

6 Table 2: Entitlement Matrix

Type of Entitled Compensation Policy Implementation Issues Responsible Agency Loss/ Person Application 1 Loss of land Non- (i) Alternative land with equivalent characteristics if (i) ADB will confirm that PAVA rates are and assets agreeing plot the affected land is the only land owned by the replacement value. owner or affected person; or compensation at market rates (ii) Compensation for perennial crops and absentee trees will be determined by the LARC plot owner in accordance with PAVA rates. (ii) Lump sum shifting allowance of through an assessment of market values based on the Land (iii) Nu.1,000 (Nu. One Thousand only). Compensation Act. (iv) Compensation for all structures and assets on the land acquired in accordance with PAVA rates. (v) Rights to salvage material from structure improvements and other assets constructed by the affected person. (vi) Notice to harvest standing seasonal crops. (vii) Compensation for crops and trees. (viii) Provision of six months’ notice.

(Absentee plot owners are entitled to all compensation valued at the time land pooling. Civil works will be initiated only after placing the budget requirement for absentee plot owners in TCC annual budget based at PAVA rates.) 2 Loss of Tenants and (i) Reimbursement of rental deposit or unexpired (i) Implementing agency will confirm land/rented leaseholders lease amounts. rental rates, ensure that leaseholders or leased (ii) Lump sum shifting allowance of Nu.1,000. receive reimbursement for deposit or (iii) Lump sum rental assistance of 2 months current unexpired lease amount. rental rate. (ii) Compensation for perennial crops and (iv) Rights to salvage material from structure trees will be determined by the LARC improvements and other assets constructed by through an assessment of market the affected person. values based on the Land (v) Notice to harvest standing seasonal crops. Compensation Rates 2009. (vi) Compensation for perennial crops and trees. (vii) Provision of six months notice. 3 Loss of Tenant or (i) Assistance for 1 month of lost income for tenant Implementing agency will confirm livelihood leaseholder or leaseholder farmer. business losses, confirm minimum wage farmer, or (ii) Assistance for 1 month lost income for rates, and provide skills development agricultural workers/employees. training/assistance in locating alternative worker/ (iii) Assistance in suitable skill development training jobs. employees for alternate livelihood. (iv) Assistance in locating alternate jobs. (v) Provision of 6 months’ notice.

4 Assistance Vulnerable (i) Rebate on demarcation charges. Vulnerable landowners will be Implementing agency will identify a to vulnerable plot owners (ii) Prioritization in project employment. identified during the census. vulnerable households, ensure plot owners (iii) Assistance in suitable skill development training prioritization in project employment, and for alternate livelihood. provide skills development training. 5 Loss or Community (i) Replacement or restoration of affected Implementing agency to determine the disruption of local body community facilities such as irrigation facilities, extent of losses or disruption, and ensure common cultural resources, etc. contractor performs restoration. resources (ii) Enhancement of community resources where possible. 6 Any other Unanticipated involuntary impacts will be documented Implementing agency loss not and mitigated based on the principles provided in identified ADB’s Involuntary Resettlement Policy.

ADB = Asian Development Bank, LARC = Land Acquisition Resettlement Committee, PAVA = Property Assessment and Valuation Agency, TCC = Thimphu City Corportation. a Vulnerable plot owners include single parent female-headed households, disable-headed households, indigenous persons-headed households, and below poverty line households.

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D. Consultation and Grievance Redress Participation

17. Consultation and Participation. Extensive consultations with plot owners have been undertaken in Thimphu since 2001. The preparation of the structure plan and local area plans (inclusive of land pooling) included consultations to: (i) reflect public opinion prior to drafting plans; (ii) accommodate public review of draft plans, and (iii) disseminate information after plan finalization. Consultations were generally in the form of public meetings. Opinion was also gathered through door-to-door surveys, particularly for verifying cadastral records and updating plot owner records. Information was disseminated through newspaper and television, and supplemented by presentations (particularly for explaining land pooling issues such as moratoriums).7 A 10-person public consultation cell was formed in TCC in July 2002 to handle public consultation and inquiries from stakeholders in close coordination with local area representatives.

18. TCC has disseminated information through electronic and mass media in addition to organizing public meetings, discussions, and joint site visits organized by the urban planning department of TCC with the plot owners. TCC urban planning department officers working on the Babesa LAP spend half their time for public consultations and site visits to discuss the LAP, land pooling, plot reconfiguration, and proposed facilities available. On average, 15-20 land owners visit the office of the Urban Planner, Babesa LAP, TCC everyday to seek clarification and provide suggestions on the LAP. Consultations were carried out almost every day by TCC officials since the finalization of the LAP in 2003. These were supplemented by TV shows, interviews broadcasted/telecasted through BBS about the Thimphu Structure Plan and land pooling process. These helped inform the people of LAP and land pooling concepts. In addition, there were a number of public meetings and workshops carried out in the process of preparation of Thimphu Structure Plan, LAPs, and implementation of land pooling. During the period between plan preparation, finalization and implementation (Thimphu Structure Plan) the web- based newspaper (www.kuenselonline.com) has opened a forum for discussion and suggestion on land pooling. Records from TCC show more than 40 entries on the website with views and suggestions made by the public and landowners.

19. Annex 2 shows the information dissemination and consultations that were fundamental in developing the local area plans and the land pooling process. Due consideration was given for stakeholder consultations with the affected persons at different levels of resettlement plan preparation. All relevant aspects of project planning and development were discussed with both primary and secondary stakeholders including directly affected people, executing agency, implementing agency. The discussion were initiated to share information on the project, their needs and perception for better urban service, and to have their opinion and views about the project and its envisaged benefit to the people. It was evident that the people are aware of the benefits of the project. The people welcome the possibility of implementation of the project as summarized. Annex 3 provides a sample land pooling Agreement of Babesa LAP. Information disclosure will be a continuous process of documenting people’s views. It will ensure that groups and individuals consulted are informed about the outcome of the decision-making process, and will indicate how their views have been incorporated. All comments made by the affected persons were documented in project records and summarized in project monitoring reports.

7 Moratoriums on building of structures and cultivation are applied from the date of finalizing the local area plan and the completion of demarcation (see Figure 2).

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20. Information has been disseminated to affected persons at various stages. Resettlement information generated during resettlement plan preparation will be disclosed to all affected persons in local language, and their views and opinions will be taken into consideration in finalizing the resettlement plan. The resettlement plan will be translated into local language (dzongkha) and disclosed through public notices and through mass media. It will also be posted on ADB websites. Information dissemination and consultation will continue throughout the project implementation period.

21. Verification and Grievance Redress Mechanisms. Written agreements have been made for contributing to land pooling between the TCC and plot owners since 12 March 2003. Consistent with ADB safeguard policies, TCC identified the OAG formerly the OLA in 2005 as an independent third party to verify agreements. The agreement describes land pooling, identifies forgone compensation, identifies the extent of land required for donation, and shows a lot plan of the plot owners plot after land pooling. A sample agreement is in Annex 4. The OAG, formed in 1998 as the OLA, is an autonomous agency which advises various government agencies on legal matters. Under OAG’s legal services drafting division, a lawyer has been assigned to witness and verify voluntary donations from plot owners. The OAG will ensure that there is no coercion and that plot owners understand that they have the right to refuse participation in land pooling. The OAG will provide quarterly reports to ADB on agreements verified. As agreed between the government and ADB, 100% agreement to land pooling by plot owners on a zonal/LAP basis—verified by OAG—is required by the project. Where 100% agreement is not obtained due to non-agreeing plot owners, TCC will redefine the zone to exclude non-agreeing plot owner’s plots. If such rezoning is not possible, ADB will not finance urban development through land pooling in the said zone.

22. For the project, grievances of affected persons will first be brought to the attention of the Local Area Representative for the Local Area Plan or the elected City Committee Members. Grievances not redressed within 15 days will be brought to the project implementation unit (PIU) and the PIU head will coordinate with the TCC public consultation cell on grievance redressal. Grievances not redressed by the PIU within 15 days will be brought to the Plan Implementation Sub-Committee acting as a Grievance Redress Committee (GRC) as notified on 14 May 2008. For Babesa LAP, the GRC comprises: the Responsible City Committee Member of the LAP as Chairman, with member including the Thrompon TCC, Chief Urban Planner TCC, Legal Officer TCC, Head of Development Control Division TCC, Urban Planner TCC, and LAP/Plot Owner/Representative. The Committee will meet when a grievance is not resolved by the PIU. They will be given notice of the meeting, meet to determine the merit of the grievance, and resolve the grievance within a month of receiving the notice for the meeting. Further grievances will be referred by affected persons to appropriate courts of law (Figure 1). TCC will inform affected persons on grievance redressal procedures, the functions of the GRC, and how to access the GRC.

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Figure 1: Grievance Redressal Process

Affected person Grievance

Grievance Not Redressed

Local Area Representative/City Grievance Redressed Committee Members

Grievance Not Redressed

Project Implementation Unit Grievance Redressed

Grievance Not Redressed

Grievance Redressal Committee Grievance Redressed (Land Acquisition Resettlement Committee)

Grievance Not Redressed

Appropriate Court of Law Grievance Redressed

23. All complaints will be lodged in writing. All proceedings related to complaints will be recorded and documented. The documents will be useful in modifying procedures in the future. The functions of the GRC are: (i) to support affected persons (particularly non-titled and vulnerable affected persons) on problems related to the eligibility for entitlements and assistance provided; (ii) to record grievances from affected persons and to categorize, prioritize and solve them within an appropriate time; (iii) to inform the Project Steering Committee of unresolved cases within an appropriate timeframe; and (iv) to inform aggrieved parties of the progress of resolving their grievances and decisions of the GRC.

24. All costs incurred in resolving the complaints will be borne by the project including expenses incurred by members in attending the meetings. The Committee will meet when a grievance is not resolved by the PIU. They will be given notice of the meeting, meet to determine the merit of the grievance, and resolve the grievance within a month of receiving the notice for the meeting. The GRCs will continue to function during the life of the project. Further grievances will be referred by affected persons to appropriate courts of law.

E. Compensation and Income Restoration

25. The resettlement plan did not find any vulnerable affected persons among the non- absentee landowners. There are 53 affected persons who will be losing fruit trees and structures (15 affected persons losing only structures and five losing both structures and fruit

11 trees) and will be compensated cash based on the Cash Compensation Rates 2008/2009 and Replacement value for the affected structures.

26. Fruit trees will be compensated based on an assessment of the Cash Compensation Rates 2008 for Cash crops/Fruit trees/Annual crops and revised Compensation for additional fruit trees and cash crops (Notification No. FM/DNP/PAVA/1274 dated 15th Sept.2009). The assessment was agreed upon by affected persons and the methodology is provided in Annex 5.

F. Institutional Framework

27. The Department of Urban Development and Engineering Services of the Ministry of Works and Human Settlement is the executing agency responsible for implementing the project. The executing agency has established a PMU located at the Department of Urban Development and Engineering Services premises and headed by the project manager. The PMU is supported by a team of project management consultants, and is in-charge of overall execution and implementation of the project. The PMU is responsible for planning, monitoring and reporting on the project, as well as for general cost and quality control. PIU has been established in TCC. The PIU manages day-to-day operations and implements the resettlement framework.

28. The Sociologists at PIU, TCC coordinates land acquisition and resettlement activities through the PIU with support from the project Management Consultants’ Safeguard Specialist. Resettlement plan implementation, excluding monitoring which will be undertaken throughout the project period, is expected to be completed within 12 months. Resettlement framework implementation and oversight of resettlement framework monitoring is directly undertaken by the Sociologists at the PIU in coordination with the Safeguard Specialist at PMC. External monitoring and evaluation will be undertaken by the independent agency engaged for the resettlement plan. Local Area Representatives or City Committee Members who act as liaison between affected persons and TCC will first receive affected person grievances as detailed in Section D. Institutional roles and responsibilities are identified in Table 3.

Table 3: Institutional Roles and Responsibilities

Activities Agency Responsible Subproject Initiation Stage i. Finalization of sites/alignments for subcomponents PIU/Sociologist ii. Disclosure of proposed land acquisition and subcomponent details by issuing public otices. iii. Staff selection, appointment and training iv. Formation of GRC PMU v. Formal negotiation with other departments for land Resettlement Plan Updating Stage i. Conducting census of all affected persons PIU/Sociologist ii. Conducting FGDs/ meetings / workshops during SIA surveys iii. Categorization of affected persons for finalizing entitlements PIU/PMU/Sociologist iv. Formulating compensation and rehabilitation measures and implementation PIU/Sociologist plans v. Conducting discussions/ meetings/ workshops with all affected persons and other Stakeholders. PIU/Sociologist/Safeguards vi. Review entitlement matrix and finalizing entitlements and rehabilitation packages Specialist vii. Approval of entitlement matrix PMU

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viii. Disclosure of final entitlements and rehabilitation packages PIU Safeguards ix. Preparation of resettlement plan Specialist/Sociologist x. Approval of resettlement plan PMU/ADB xi. Taking contributed land and protection from further encroachment Implementing Agencies / Executing Agency Resettlement Plan Implementation Stage i. Implementation of proposed assistance measures PIU/Sociologist ii. Serving formal notice to affected persons iii. Engaging City/Town Committees Thrompon iv. Consultations with affected persons during rehabilitation activities PIU v. Grievances redressal PIU/GRC vi. Internal monitoring PIU/Sociologist Post Implementation i. Income restoration and training schemes Implementing ii. Selection of training institutions Agencies/Executing Agency iii. Finalizing list of affected persons for training schemes iv. External monitoring and evaluation External Agency FGD = focus group discussion, GRC = Grievance Redress Committee, PIU = project implementation unit, PMU = project management unit,

G. Resettlement Budget and Financing

29. Cost of compensation and addressing resettlement impacts is an integral part of overall project costs. Table 4 show the current cost estimates for addressing resettlement impacts of land pooling in Babesa LAP.

Table 4: Cost Estimate Item Nu Land Compensation for absentee/non-agreeing owners 27,884,231.85 Compensation for fruit trees Total 5,435,263.00 Compensation for affected structures Total 1,113,693.21 Consultation and information dissemination 100,000.00 Monitoring and evaluation 100,000.00 Subtotal 34,633,188.06 Administrative and other costs 50,000.00 Total 34,683,188.06

H. Implementation Schedule

30. Addressing resettlement impacts of land pooling will be part of resettlement plan implementation. The schedule is in Table 5.

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Table 5: Implementation Schedule

2007 2008 2009 2010 2011 Activity Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 i. Completion of survey for Finalizing number of affected persons ii. Establishment of PIU iii. Development Implementation plans and formation of LARC iv. Information sharing, consultations, and disclosure(including third party verification of land donation) v. Assistance for impacts vi. Income restoration activities vii. Internal monitoring viii. External monitoring ix. Start of civil works LARC = Land Acquisition Resettlement Committee, PIU = project implementation unit, Q = quarter.

I. Monitoring and Evaluation

31. Periodic checks will be undertaken to ascertain whether activities are progressing according to the resettlement framework. Monitoring will cover physical and financial components and provide a feedback to keep the program on schedule. Resettlement framework implementation will be closely monitored to provide the PMU with an effective basis for assessing progress and identifying potential difficulties and problems.

32. The activities in monitoring and evaluation will include:

(i) Monitoring to ensure that implementation is on schedule and that problems are dealt with on a timely basis; (ii) Socio-economic monitoring during and after the implementation of the framework, utilizing the baseline established by the affected person socio- economic survey undertaken during project preparation to ensure that impacts on affected persons are addressed; and (iii) Impact evaluation to determine that an impact have been addressed in a timely manner and is successful.

33. The indicators for achieving objectives under the resettlement framework are:

(i) Process indicators, indicating inputs, expenditure, staff deployment, etc.; (ii) Output indicators, indicating results in terms of numbers of persons contributing land (verified by third party), affected people assisted, consultations held, training held, etc.; and (iii) Impact indicators related to long-term effects of the project on people’s lives.

34. Monitoring will also cover the physical progress on site, and the allocation of compensation. The PIU will submit quarterly reports to the PMU.

35. The purpose of monitoring is to provide feedback to the PMU on implementation of resettlement framework activities, and to identify problems and other issues as early as possible to facilitate timely adjustment of implementation arrangements. Internal monitoring will track indicators such as the number of persons contributing land, households/persons affected,

14 compensated, and assisted; and aspects such as consultations held, compensation paid, and number of affected persons provided training, etc.

36. TCC will carry out internal monitoring under the guidance of Sociologist, PIU. The implementation plans will indicate the targets to be achieved during the month. Monthly progress report will be prepared and submitted to PMU, reporting actual achievements against the targets fixed in the respective task charts and reasons for shortfalls, if any.

37. The PIU will have the responsibility for management and maintenance of affected person database, documenting results of affected person census, asset verification information, and socio-economic survey data, which will be used as the baseline for assessing impacts of resettlement framework implementation.

38. The range of activities and issues that should be recorded and checked, include:

(i) Land contribution verified by third party; (ii) Consultations undertaken; (iii) Compensation payments; (iv) Income restoration and other assistance strategies; and (v) Re-establishment of income levels.

39. Potential monitoring and evaluation indicators are presented in the Table 6. The indicators should be monitored by means of two mechanisms:

(i) On-going internal monitoring of process and output indicators; and (ii) Participatory external monitoring by an independent monitoring agency. In consultation with affected person, to evaluate the extent to which resettlement framework objectives have been met.

Table 6: Monitoring Indicators (Indicative) Type Indicator Examples of Variables Process Staffing Staff recruited by TCC on the project indicator Consultation Formation of GRC and establishment of mechanism grievance redressal and grievance Number of grievances by type and resolution. Number of consultations held resolution with affected persons. Information provided to affected person about project, and resettlement framework Number of field visits by TCC staff, PIU staff, the executing agency, and other agencies. Awareness about resettlement process, entitlements satisfaction with resettlement process and grievance redressal Procedures in Effectiveness of compensation payment delivery coordination between TCC, operation PIU staff, the executing agency, and other agencies Output Land contributed Area of land contributed and verification by third party. Area of government indicator land acquired (inter-departmental transfers) Compensation Number of affected persons by type of affected assets. Number of titled and assistance affected persons compensated by type of loss. Amount of compensation by type and owner. Type and amount of assistance and allowances paid. Number of affected person requesting assistance. Number of vulnerable affected persons and non-titled. Number of affected persons who have livelihood restored. Number of affected persons receiving skills/vocational training. Number of affected persons who have found employment, self – employed, etc. Impact Replacement of Replacement of assets and Replacement of community structures indicator assets

15

Income earning Employment status of tenants/leaseholders and employees. Increased capacity income due to urban development. Increased revenue for TCC due to water charges, other taxes, etc. Civic amenities Link roads and communication established. Parks, markets, post office, police station, etc., placed. GRC = Grievance Redress Committee, PIU = project implementation unit, TCC = Thimphu City Corporation

40. The PMU will appoint an independent agency to undertake external monitoring during the project period. The independent agency will monitor the project on a half-yearly basis and submit its reports directly to the PMU. The PMU will submit all reports to ADB for review. The purpose of the external monitoring will be to determine whether intended goals and outcomes are being achieved and, if not, what corrective actions are required.

41. The independent monitoring agency should conduct field visits and consultations with affected persons to assess the outcomes and impacts of land acquisition and resettlement activities on the affected persons and their capacities and assistance given to restore living standards. The findings of the external monitoring should be communicated to the PIU, Ministry of Works and Human Settlement through meetings, and necessary remedial actions agreed and documented.

42. The agency will submit evaluation on the following indicators:

(i) Adequacy of consultations; (ii) Verification of land contribution by third party; (iii) Ongoing internal monitoring of process and output indicators; (iv) Participatory external monitoring by an independent monitoring agency, in consultation with affected person, to evaluate the extent to which resettlement framework objectives have been met; (v) Basic information on affected person household; (vi) Restoration of living standards; (vii) Restoration of livelihoods; (viii) Levels of affected person satisfaction; (ix) Effectiveness of resettlement actions particularly grievance redress; (x) Compensation payments and entitlements; (xi) Restoration of livelihood; (xii) Financial audit; (xiii) Institutional arrangements; and (xiv) Other impacts.

16 Annex 1

Annex 1: Socioeconomic Survey

1. The socio-economic analysis of Babesa LAP is based on detailed census and a socio- economic survey of plot owners1 with a cut-off-date of May 2011, taking into account the actual resettlement impacts according to the detailed engineering design of utilities. The census was carried out by Thimphu City Corporation (TCC)/project implementation unit (PIU) from 26th October to 31st October 2009. The census team which composed of Sociologist, TCC; Urban Planner, TCC; and surveyors engaged for the purpose under the guidance of the Safeguard Specialist, PMC. The team used the detailed design of the utility provided by the DMSC. As part of the involuntary resettlement principles, the project avoided existing structures and trees to the extent possible. The census included an inventory of losses. Eligibility for entitlement was verified through national identity cards.

2. The census did not find any vulnerable plot owner. The list of affected persons and categories of loss are in Table A1.1. Total of 53 affected persons (plot owners) will be losing fruit trees (bearing and non-bearing) and structures. During consultations and census, the owners of fruit bearing trees expressed willingness to receive compensation at current market rates, i.e., Cash Compensation Rates 2008 and 2009 and at replacement value for the structures. Table A1.1: Affected Assets and Replacement Cost Affected Assets Number A Trees (1144 Apple, 54 Peach ,16 Plum, 112 Walnut, 12 Pear, 1 Pepper, 10 Apricot, 3 Persimmon, 1250 Asparagus, 2 Dogwood) B Affected persons, Trees Lost and Replacement Cost Affected Persons Replacement Cost (Nu) 1 Rinzin Wangmo Tharm No. 889, Plot No. 186/A Apple(7) 28,735.00 Peach(1) 1,692.00 Walnut(5) 17,050.00 Plum(1) 2,750.00 Pear(1) 2,490.00 Total 52,717.00 2 Khandu Wangmo Tharm No. 311, Plot No. 14A,27Y,31A,9A,27 Apple(6) 24.630.00 Apple(1) 1,684.00 Total 26,314.00 3 Kinley Rabgay & Tandin Dorji Tharm No. 997, Plot No. 169B/169C 90,310.00 Apple(22) Total 90,310.00 4 Sigay Tharm No. 1057, Plot No. 111 & 112 Apple(6) 24,630.00 Total 24,630.00 5 Tashi Tshewang Tharm No. 929 & 930, Plot No. 227/A Apple(84) 344,820.00

1 The socio-economic survey of plot owners and an assessment of vulnerability were conducted as part of updating the resettlement plan in accordance with para. 19, resettlement framework for Land Pooling Related Works of Component A (Thimphu).

Annex 1 17

Walnut(7) 23,870.00 Peach(2) 3,384.00 Structure (Temporary Hut) 173,509.64 Total 545,583.64 6 Peki Tobgyal Gyeltshen Tharm No. 690, Plot No. 221,218,220,221/A Apple(101) 414,605.00 Peach(2) 3,384.00 Walnut(19) 64,790.00 Pepper (1) 1,450.00 Structure (Temporary hut) 112,002.68 (Fence) 80,522.00 Total 676,753.68 7 Rinzin Wangmo Tharm No. 400 Apple(34) 139,570.00 Walnut(10) 34,100.00 Plum(7) 19,250.00 Pear(1) 2,490.00 Structure (Store) 70,759.86 Total 266,169.86 8 Mindu Tharm No. 665, Plot No. 4 Apple(3) 12,315.00 Walnut(5) 17,050.00 Apricot(2) 5,690.00 Peach(7) 11,844.00 Persimmon (2) 4,486.00 Total 51,385.00 9 Tshering Yonten Tharm No. 892/E, Plot No. 38 Apple(2) 8,210.00 Total 8,210.00 10 Mitralal Sharma Tharm No. 892/B, Plot No. 38 Apple(1) 4,105.00 Walnut(1) 3,410.00 Total 7,515.00 11 Lt. Lemo Tharm No. 288, Plot No. 248 & 249 Apple(4) 16,420.00 Total 16,420.00 12 Sonam Yangley Tharm No. 431, Plot No. 70 Apple(18) 73,890.00 Apple(2) 3,968.00 Apple(1) 1,684.00 Peach(1) 1,692.00 Walnut(7) 23,870.00 Walnut(2) 3,032.00 Plum(2) 5,500.00 Total 113,636.00 13 Selden Tharm No. 69, Plot No. 608/A Apple(35) 143,675.00 Structure (cow shed) 41,962.40 Total 185,637.40 14 Sonam Tharm No. 309,. Plot No. 177 Apple(4) 16,420.00 Pear(4) 9,960.00

18 Annex 1

Peach(4) 6,768.00 Structure (Temporary hut) 64,911.00 Total 98,059.00 15 Namgay Drukpa & Tashi Mo Tharm No. 607 & 608, Plot No. 43/A & 42 Apple(8) 32,840.00 Total 32,840.00 16 Kinley Om Tharm No. 1234, Plot No. 207/A Apple(50) 205,250.00 Total 205,250.00 17 Dechen Wangmo Thaye Tharm No. 1149, Plot No. 202 Structure (RRM Wall) 14,944.02 Total 14,944.02 18 Tandin Tharm No. 299, Plot No. – Apple (11), Peach (10), Walnut (2) 68,895.00 Structure (Septic tank, Fence & Wall) 29,275.47 Total 98,170.47 19 Pema Lhazom Tharm No. TT-62/574, Plot No. – Structure (Septic tank, Fence & Wall) 85,515.53 Total 85,515.53 20 Kinzang Tharm No. 331/A, Plot No. 17 Asparagus (1250) 125,000.00 Structure (Fence) 26,519.84 Total 151,519.84 21 Kinley Mo Tharm No. 312, Plot No. All Apple(70) 287,350.00 Walnut(22) 75,020.00 Peach(10) 16,920.00 Apricot(7) 19,915.00 Plum(4) 11,000.00 Structure (Septic tank, RMM wall, Syntax support, Step wall) 101,292.57 Total 511,497.57 22 Kinga Dema Tharm No. 304, Plot No. All Apple(11) 45,155.00 Walnut(1) 3,410.00 Persimmon(1) 2,243.00 Total 50,808.00 23 Dr. Sonam Tenzin Tharm No. 895, Plot No. – Apple(31) 127,255.00 Apple(5) 8,420.00 Apple(1) 1,384.00 Walnut(2) 6,820.00 Peach(1) 1,692.00 Dogwood(2) 1,000.00 Structure (Stair case wall) 19,221.01 Total 165,792.01 24 Nado & Wangchuk Tharm No. 1357, Plot No. 204 Structure (Boundary wall) 8,130.25 Total 8,130.25 25 Babesa Primary School

Annex 1 19

Tharm No. 170/D, Plot No. - Structure (Temporary toilet, 97,529.36 Barbed wire fence) 16,521.13 Total 114,050.49 26 Pema Lhamo Tharm No. 1260 & 1142, Plot No. 162/A & 162/B Structure(Wall, temporary shed), Retaining wall 254,368.83 Total 254,368.83 27 Tandin Zam Tharm No. 1472, Plot No. 200/Y Structure (Water tap, Septic tank) 38,923.38 Total 38,923.38 28 Sangay Tharm No. 353, Plot No. – Apple(19) 77,995.00 Apricot(1) 2,845.00 Total 80,840.00 29 Karma Om Tharm No. 617, Plot No. 23 Apple(43) 176,515.00 Total 176,515.00 30 Wangmo Tharm No. 307, Plot No. – Apple(40) 164,200.00 Walnut(5) 17,050.00 Total 181,250.00 31 Karma Wangchuk Tharm No. 1455, Plot No. – Apple(25) 102,625.00 Pear(1) 2,490.00 Total 105,115.00 32 Dechen Tshomo Tharm No. 893, Plot No. 8 Structure( Fence) 4,310.65 Total 4,310.65 33 Ganglo Tharm No. 892/F, Plot No. 38 Structure (RRM Wall and PCC Road structure) 133,173.37 Total 133,173.37 34 Namgay Wangchuk & Wangmo Tharm No. 686, Plot No. All Structure (Retaining wall) 132,535.77 Total 132,535.77 35 Thinley Gyelmo Tharm No. TT-177, Plot No. 185,185A,195 Apple(43) 176,515.00 Peach(2) 3,384.00 Walnut(5) 17,050.00 Pear(1) 2,490.00 Total 199,439.00 36 Kinga Dema Tharm No. 304, Plot No. All Apple(40) 164,200.00 Peach(4) 6,768.00 Total 170,968.00 37 Lhaden Tharm No. 315, Plot No. 36 Apple(21) 86,205.00 Total 86,205.00

20 Annex 1

38 Tandin Zam Tharm No. 1472, Plot No. 200Y Apple(12) 49,260.00 Walnut(2) 6,820.00 Total 56,080.00 39 Pemo Tharm No. 390, Plot No. 265,185A,188 Apple(18) 73,890.00 Total 73,890.00 40 Dolkar Lhamo Tharm No. 996, Plot No. 11,12 Apple(21) 86,205.00 Walnut(5) 17,050.00 Pear(2) 4,980.00 Peach(2) 3,384.00 Total 111,619.00 41 Yanka Tharm No. 3, Plot No. 1301 Apple(5) 20,525.00 Walnut(2) 6,820.00 Total 27,345.00 42 Dechen Tshomo Tharm No. 893, Plot No. 8 Apple(34) 139,570.00 Total 139,570.00 43 Wangmo Tharm No. 307, Plot No. 5 Apple(25) 102,625.00 Apple(1) 1,984.00 Apple(3) 5,052.00 Walnut(1) 3,410.00 Walnut(1) 1,516.00 Peach(1) 1,119.00 Total 115,706.00 44 Kinzang Tharm No. 311A, Plot No. 17 Apple(55) 225,775.00 Total 225,775.00 45 Pema Lhazom Tharm No. TT-62/574, Plot No.- Apple(18) 73,890.00 Plum(2) 5,500.00 Pear(2) 4,980.00 Peach(2) 3,384.00 Walnut(3) 10,230.00 Total 97,984.00 46 Denka Tharm No. 931, Plot No. 236 Apple(20) 82,100.00 Walnut(1) 3,410.00 Total 85,510.00 47 Dolma Tharm No. 1056, Plot No. 171 Apple(63) 258,615.00 Peach(2) 3,384.00 Total 261,999.00 48 Tandin Tharm No. 299, Plot No. All Apple(11) 45,155.00 Peach(10) 16,920.00

Annex 1 21

Total 62,075.00 49 Chimi Lham Tharm No. 299B, Plot No. 298 Apple(8) 32,840.00 Peach(3) 5,076.00 Walnut(3) 10,230.00 Total 48,146.00 50 Tashi Mo Tharm No. 607, Plot No. 42&47 Apple (30) 123,150.00 Total 123,150.00 51 Kinley Bidha Tharm No. 297, Plot No. 216 69,785.00 Apple(17) 10,230.00 Walnut(3) Total 80,015.00 52 Namgay Drukpa Tharm No. 608, Plot No. 43/A Apple(65) 266,825.00 Total 266,825.00 53 Karma Tharm No. 920 &981 38,709.77 RRM Wall & Septic tank Total 38,709.77 Grand Total 6,979,901.53 Source: Census and Socio-economic Survey (October 2009).

3. During census and socio-economic survey of plot owners, it was found that all plots are currently unproductive in agriculture and do not support any livelihood, accordingly assistance for loss of income was not included in cost estimates.

A. Socio-economic Profile of the Plot Owners and Affected Households

4. A detailed socio-economic survey was carried out during the census in October, 2009 in Babesa LAP and at the residences of the affected persons. Table A1.2 shows the coverage of socio-economic surveys carried out in 26th October, 2009. Table A1.2 provides a socio- economic profile of affected persons based on the survey.

Table A1.2: Over all coverage of Socio-economic Survey of Babesa LAP Sl. Details No. 1. Socio-economic Survey for Plot Owners (Pooled Plot owners)/Households 49 2. Total Affected Persons Losing Trees/Structures 53 3. Vulnerable Household (Single Parent Female-headed Household) 0 Source: Census and Socio-economic Survey, (October 2009)

B. Over all coverage of Socio-economic Survey of Babesa LAP

5. Table A1.3 presents the socio-economic summary profile of 49 surveyed plot owners and 53 households experiencing losses. The overall family size of plot owners is 4.33 persons per family. Nearly 16.33% household members are in government service. The average annual income of plot owners is Nu. 173,002.72. The average family size of the affected plot owners experiencing loss is 4.5 person and 17.40% are in government. The average annual household income is Nu 150,714.32

22 Annex 1

Table A1.3: Socio-economic Summary Profile of Plot Owners and Households Experiencing Loss

Characteristics Units Socio-Economic Details of Plot Owners Socio-economic Survey for Plot Owners (Pooled Plot 49 Owners)/Households Average Family Size of (Pooled Plot Owners) (as 4.33 persons per survey of 49 household) Main Occupation of the Affected Persons (Pooled Others (51.02%) Plot Owners) (as per survey of 49 household) Average Annual Household Income (Pooled Plot Nu. 173,002.72 Owners) (as per survey of 49 household) Socio Economic Details of Households Experiencing Loss Total Affected Persons 53 Average Family Size 4.5 Main Occupation of Affected Families Trade & Business (50%) Average Annual Household Income Nu. 150,714.32 Vulnerable 1. Single-parent Female Headed Household 0 2. Disable Headed Households 0 3. Indigenous Persons Headed Households 0 4.Below Poverty Line Households 0 Source: Census and Socio-economic Survey, (October 2009)

6. Based on the data of 49 households surveyed, social stratification of the affected households is documented in Table A1.4. 100% plot owners belong to the Buddhist community. The average family size of households experiencing losses is 4.5. There are no households experiencing losses belonging to ―Vulnerable Groups.‖

Table A1.4: Social Stratification Details

Social Stratification Details of Plot Owners Sl. Criteria Classification No. Buddhism 49 1. Religious Group Hindu 0 Other 0 Joint 17 2. Family Type Nuclear 32 Extended NIL Up to 3 9 3. Family Size 4-5 20 More than 5 20

Annex 1 23

Social Stratification Details of Households Experiencing Losses Buddhism 53 1. Religious Group Hindu 0 Other 0 Joint 14 2. Family Type Nuclear 29 Extended 3 Up to 3 15 3. Family Size 4-5 20 More than 5 11 Source: Census and Socio-economic Survey, (October 2009)

7. The status of the literacy among the affected persons is not very encouraging, which is 59.18% illiterate followed by middle class (up to class VIII) which is 12.24% according to information collected during census and socio-economic survey (Table A1.5). The same trend was also observed among the affected households where the illiterate ones are 40.81% closely followed by secondary education level which is 20.41%. However, 14.29% educational level are from middle secondary (class VIII) and from intermediate (class XII) from the family of household experiencing losses.

Table A1.5: Educational Structure (Aged more than 6) Sl. Education No. of Persons % Educational Structure of Plot Owners 1. Illiterate 29 59.18 2. Informally Literate 1 2.04 3. Primary (Class IV) 3 6.12 4. Middle (Class VIII) 6 12.24 5. Secondary (Class X) 4 8.16 6. Intermediate (Class XII) 0 0 7. Graduate and Above 5 10.20 8. Diploma 1 2.04 Total 49 100

Educational Structure of Households Experiencing Losses 1. Illiterate 20 40.81 2. Informally Literate 0 0.00 3. Primary (Class IV) 0 0.00 4. Middle (Class VIII) 7 14.29 5. Secondary (Class X) 10 20.41 6. Intermediate (Class XII) 7 14.29 7. Graduate and Above 5 10.20 Total 49 100 Source: Census and Socio-economic Survey, (October, 2009)

8. The proportion of the working population among the plot owners is 16.33% are employed with government. Almost 10.20% population of the plot owners are engaged in private

24 Annex 1 organized sector. The unemployed population of the plot owners is 51.02%. As shown in Table A1.6, as far as occupational structure is concerned, there is one person engaged in cultivation. The occupational pursuit of the affected persons from households experiencing loss shows that 17.40% are working under government while 55.55% are un-employed.

Table A1.6: Occupation Structure (Aged more than 18) Sl. Occupation No. of Person % Occupation Structure of Plot Owners 1 Cultivation 1 2.04 2 Allied agricultural activities (e.g., dairy, animal husbandry) 2 4.08 3 Labor (daily wage) Nil 0.00 4 Government Service 8 16.33 5 Private Service in Organized Sector 5 10.20 6 Private Service in Un-organized Sector 4 8.16 7 Small Entrepreneur 3 6.12 8 Trade and Business 1 2.04 9 Professional (Doctor, Engineer, Mechanic etc.) Nil 0.00 10 Others – Unemployed 25 51.02 Total 49 100 Occupation Structure of Households Experiencing Losses 1 Cultivation 5 10.86 2 Allied agricultural activities (e.g., dairy, animal husbandry) 3 6.52 3 Labor (daily waged) Nil 0.00 4 Government Service 8 17.40 5 Private Service in Organized Sector 4 8.70 6 Private Service in Un-organized Sector 3 6.52 7 Small Entrepreneur Nil 0.00 8 Trade and Business 23 50 9 Professional (Doctor, Engineer, Mechanic etc.) Nil 0.00 10 Others – Unemployed 15 55.55 Total 46 100 Source: Census and Socio-economic Survey, (October, 2009)

9. It was evident from the data on annual household income of the 49 plot owners surveyed, that none of them belong to below poverty line (Table A1.7). The average annual household income of all the plot owners has been calculated as Nu. 173,002.72 which appears to be somewhat skewed due to households being in the ―very high‖ income group. The average annual income of the affected persons from households experiencing loss has been calculated as Nu.150,714.32 which is lower than the annual income generated by the plot owners under Babesa LAP. Table A17: Annual Income Pattern Affected Household Sl. Total Household Income (Per Annum) No. % to Total Annual Income Pattern of Plot Owners 1. Below Nu. 500-10,000 Nil 0.00 2. Nu. 10,000-50,000 4 8.16 3. Nu. 50,000 – 100,000 7 14.28

Annex 1 25

Affected Household Sl. Total Household Income (Per Annum) No. % to Total Annual Income Pattern of Plot Owners 4. Nu. 100,000 and above 33 67.34 5. No response 5 10.20 Total 49 100 Annual Income Pattern of Households Experiencing Losses 1. Below Nu. 500-10,000 Nil 0.00 2. Nu. 10,000-50,000 15 22.22 3. Nu. 50,000 – 100,000 5 0.00 4. Nu. 100,000 and above 5 66.66 5. No response 21 11.11 Total 46 100 Source: Census and Socio-economic Survey, (October, 2009)

10. Table A1.8 shows the asset holding patterns. None of the plot owners have responded that they own durable assets such as gold and silver jewelry. 86% responded that they own electronics goods and luxury goods such as cars, and two wheelers. Only 30.0% of the plot owners have livestock mainly cows.

11. From the household experiencing losses, 30.0% affected plot owners stated that they have motor cycle, scooter and cars and 77.0% with mobile phone and electronic gadgets.

Table A1.8: Asset Holding Pattern Sl. Type of Assets Unit No.

Asset Holding Pattern of Plot Owners 1. Durable Assets A. Gold and Silver Jewelry 0 B. Motor Cycle/ Scooter/ Car 42 C. Mobile Phone / Electronic Gadgets 123 2. Livestock A. Cow 15 B. Goat / Sheep Nil C. Poultry Birds Nil 3. Agricultural Assets A. Tractor and Threshers Nil B. Power Tiller Nil Asset Holding Pattern of Households Experiencing Losses 4. Durable Assets A. Gold and Silver Jewelry 2 B. Motor cycle/ Scooter/ Car 14 C. Mobile phone / Electronic gadgets 40 Source: Census and Socio-economic Survey, (October, 2009)

12. Table A1.9 shows that out of 49 plot owners, 10.21% have availed government scheme such as further study, guide course, master degree and mechanics. Apart from this, loan such as housing loan and general loan have also been availed ranging from Nu. 70,000.00 to Nu. 2,000,000.00. Only five have responded that they have been benefitted from the loan.

13. From the household experiencing losses, five plot owners have availed government loan for construction, education, housing and training as seen on Table A1.9. All five plot owners

26 Annex 1 reported that they have been benefitted.

Table A1.9: Coverage under Government Development Scheme Census Household Sl. Total Household Covered under the Scheme No. % to total Coverage under Government Development Scheme- Plot Owners 1. Yes 5 10.21 2. No 44 98.79 Coverage under Government Development Scheme- Households Experiencing Losses 1. Yes 5 33.34 2. No 41 66.66 Source: Census and Socio-economic Survey, (October, 2009)

Annex 2: Local Area Plan, Land pooling Information Disclosure and Consultations

Sl. Date of Stages of Type of Public Purpose Medium of Medium of Highlights of the Available Records Organizations/ No Announ- Meetings/ Meetings/ Announcement Presentation Meeting/ Involved cement/ Announcements Consultations/ Announcement/ Meeting and Plan Announcements Consultations Preparation Local Area Planning Process and Public Consultation Carried prior to Structure Plan 1 29th Declaration of Public To avoid any ad hoc, Announcement in Announcement made DUDH, MoC. Sept Moratorium on announcement. unplanned Kuensel and by DUDH, MoCa in 2001 Consultation for development in the BBS. Kuensel. Extended Areas till extended areas, since the end of April the planning process 2002. was under progress. 2 23rd Feb Second Public To avoid any ad hoc, Announcement in Announcement made DUDH,TCC and 2002 announcement – announcement. unplanned Kuensel and BBS in Kuensel by CCBA. Moratorium on development in the through TCC/DUDH. Construction for extended areas, since representatives. Extended Areas. the planning process is under progress. 3 11th Jan Announcement to Public To inform the Announcement in Announcement made DUDH, TCC, 2003 plot owners falling announcement. landowners that the Kuensel, BBS in Kuensel. CCBA. within the plans are ready for and through extended areas Lungtenphu and representatives. which are under Babesa and plan planning to preparation is under continue with process for the rest of cultivation for the the areas and also to year 2003. inform them that the implementation of the plan would take some time therefore, the landowners can start cultivation for the year 2003. th

4 6 Feb Announcement on Public To inform the plot Announcement in Letter sent by TCC to DUDH, TCC and Annex 2 2003 extension of announcement. owners above the Kuensel, BBS Kuensel and BBS. CCBA. moratorium on extension of and through Announcement made development moratorium on representatives. on 8 Feb 2003.

activities in the developmental areas under activities in the planning. extended areas due to

the LAP plan 27

preparation process.

28 5 2nd – 16th Announcement on Public To inform the plot Announcement in Announcement made TCC Aug extension of announcement. owners that the LAPs Kuensel and in Kuensel. Article 2003 moratorium for are in the process of BBS. published in Kuensel extended areas on being finalized after a online on 20 Sept. sub divisions and series of public Letter sent by TCC to land transaction. meeting and daily Kuensel and BBS. public consultation in TCC, Therefore a moratorium was declared to facilitate early completion of the plans. 6 13th Sep Public Article published To inform plot owners Article published Land dealings Kuensel article TCC 2003 announcement on in Kuensel by the need to freeze the in Kuensel on 30 put on hold to publishes on 30 moratorium on TCC. land transaction and September 2003. finalize LAP September 2003. land dealings and subdivisions in order (article) subdivision. to facilitate early completion and finalization of LAPS. 7 27th Obtaining the land Public Educate the plot Through public Verbal It was informed to All the plot owners TCC,DUDES, plot March owner’s consent to consultations with owners that as they notice. presentation the plot owners that were concerned owners, office of 2006 sign the land office of legal have signed in the old the new format about urgent the legal affairs. pooling agreement affairs. agreement, signing an provided the legal provision of form which is duly agreement in new procedure through infrastructure in all framed to meet format as per the introducing the LAPs. the ADB’s ADB’s resettlement words like ―land resettlement framework contribution‖ and ― framework. requirement. land donation‖ 8 5th Dec Announcement to Public Public meeting at the Announcement in Announcements TCC, PIU. 2006 present the final announcement. Sewerage Treatment Kuensel made in Kuensel and draft plan for Plant office at Babesa Corporation and BBS by TMC/UPD. Simtokha Local for the agreement of Bhutan Area to the plot the final draft plan for Broadcasting owners on 15th Simtokha local area. Service. December 2006. 9 15th Jan Announcement for Public notification. All concerned plot Announcement in Announcement made TCC, PIU. 2007 the owners and residents Kuensel and in Kuensel and BBS

commencement of of Babesa are BBS. by TCC/ENG-GEN. Annex 2 the cutting of road requested to co- corridor under operate and support Babesa LAP from the cutting of road nd 22 Jan 2007. corridor. 10 9th May Public notice for Public notice in Signing the LPA in Public notice in Public notice in Speed up the Public notice in Public notice in 2008 Signing of LPA Kuensel, Bhutan new format and taking Kuensel, Bhutan Kuensel, process of LPA Kuensel, Bhutan Kuensel, Bhutan

and taking over Times, Bhutan over of plots. Times, Bhutan Bhutan Times, signing in new Times, Bhutan Times, Bhutan the plots. Observer, BBS to Observer, BBS to Bhutan format Observer, BBS to Observer, BBS to announce in announce in Observer, BBS announce in announce in Dzongkha and Dzongkha and to announce in Dzongkha and Dzongkha and English. English Dzongkha and English. English. English 11 8th Jan Announcement for Public Plot owners are Announcement Announcement made TCC, PIU. 2009 handing over of announcement. requested to register in Kuensel and in Kuensel and BBS Plots in Babesa their names before BBS (for 7 by TCC/UPD/PN. LAP from 20th Jan taking over their plots consecutive 2009. with necessary days). documents. 12 26th Nov Announcement for Public Verification of Affected Announcement Announcement made TCC, PIU. 2009 the final Announcement. Persons for Babesa, made in Kuensel in Kuensel and BBS verification of the Simtokha, Lungtenphu Corporation. by TCC/UPD. affected persons and Changbangdu Announcement under various LAP and affected made in BBS LAPs from 3rd Dec persons are requested 2009 till 7th Dec to fill up the 2009. compensation form before 3rd Dec 2009. 13 2nd June Announcement to Public The affected plot Announcement Announcement made Thimphu City 2010 inform the plot Announcement. owners of Simtokha made in Kuensel, by TCC/ADB/PIU in Corporation, owners of and Babesa LAPs to Bhutan Times, Kuensel, Bhutan PIU. Simtokha and register their affected Bhutan Observer. Times and Bhutan Babesa that TCC properties if not Observer. is finalizing the registered and to sign estimate for the the Land Pooling affected properties Agreement if not. in the project areas under approved ADB funding. ADB = Asian Development Bank, DUDH = Department of Urban Development and Housing, LPA = Land Pooling Agreement, MoC = Ministry of Communications, PIU = project implementation unit, TCC = Thimphu City Corportation. Source: Supporting Documents for the Public consultations and Land Pooling process undertaken by Thimphu City Corporation during the Years 2000-2010 and excerpt from files of TCC. Annex 2 a DUDH is now DUDES and MoC is now MoWHS.

29

Annex 3 30

Annex 3: Sample Land Pooling Agreement

Annex 4 32

Annex 4: OAG Verification

33 Annex 5

Annex 5: Replacement Cost of Fruit Bearing Trees—Methodology

1. The cost of the fruit bearing trees will be compensated at rates (Compensation Rate 2008 for cash crops/ fruit trees/ annual crops of RGOB) and Compensation Rates for Additional Fruit trees and Cash crops (Notification No. FM/DNP/PAVA/2009/1274 dated 15th Sept. 2009) calculated by including the cost of land preparation, pit digging, seedling, and fertilizer, planting and weeding. From year 1 onwards, till the maturity of the orchard (fruiting), all maintenance cost incurred has been capitalized since the expenditure do not result in any return and are to be treated as capital cost. When the trees start bearing fruit, the annual maintenance cost are to be recovered from the revenue generated and accordingly the net return earned is added to the cost of establishing the trees up to the fruiting stage.

2. The present Cash Compensation Rate 2008 has been discussed with the affected persons and they have agreed with the current compensation rates. The comparative study shows that the present cash compensation rate 2008 is almost 200-250 times higher than the previous Cash Compensation Rates 1996. Therefore, the present Cash Compensation Rate 2008 is equivalent or more than the market rates.

3. Replacement cost of fruit bearing trees was calculated based on Compensation Rates 2008 for Cash crops/Fruit trees/Annual crops through Notification No. MoF/DNP/AR- 53/2008/561 dated 3rd September 2008.

4. Compensation Rates for Additional Fruit Trees and Cash Crops as per Notification No. FM/DNP/PAVA/2009/1274 dated 15th September 2009 is also appended.

Affected Owners of Fruit Tree/Structures with Details

Sl Name Thram Plot Properties Affected Total Amount No No No (I+II) Fruit trees Rate Amount (Nu) Structure Amount (Nu) (Nos) 1 Rinzin 889 186/A Apple(7) 4,105.00 28,735.00 Nil 0 Wangmo Peach(1) 1,692.00 1,692.00 Walnut(5) 3,410.00 17,050.00 Plum(1) 2,750.00 2,750.00 Pear(1) 2,490.00 2,490.00 52,717.00 2 Khandu 311 14A,27 Apple(6) 4,105.00 24.630.00 Nil 0 Wangmo Y,31A, Apple(1) 1,684.00 1,684.00 9A,27 26,314.00 3 Kinley 997 169B/1 Apple(22) 4,105.00 90,310.00 Nil 0 Rabgay & 69C Tandin Dorji 90,310.00 4 Sigay 1057 111 & Apple(6) 4,105.00 24,630.00 Nil 0 112 24,630.00 5 Tashi 929 & 227/A Apple(84) 4,105.00 344,820.00 Temporary Tshewang 930 Walnut(7) 3,410.00 23,870.00 hut Peach(2) 1,692.00 3,384.00 173,509.64 545,583.64 6 Peki 690 221,21 Apple(101) 4,105.00 414,605.00 Temporary 112,002.68 Tobgyal 8,220, Peach(2) 1,692.00 3,384.00 hut Gyeltshen 221/A Walnut(19) 3,410.00 64,790.00 Pepper (1) 1,450.00 1,450.00 Fence 80,522.00 676,753.68

34 Annex 5

Sl Name Thram Plot Properties Affected Total Amount No No No (I+II) Fruit trees Rate Amount (Nu) Structure Amount (Nu) (Nos) 7 Rinzin 400 Apple(34) 4,105.00 139,570.00 Wangmo Walnut(10) 3,410.00 34,100.00 Plum(7) 2,750.00 19,250.00 Pear(1) 2,490.00 2,490.00 Store 70,759.86 266,169.86 8 Mindu 665 4 Apple(3) 4,105.00 12,315.00 Nil 0 Walnut(5) 3,410.00 17,050.00 Apricot(2) 2,845.00 5,690.00 Peach(7) 1,692.00 11,844.00 Persimmon 2,243.00 4,486.00 (2) 51,385.00 9 Tshering 892/E 38 Apple(2) 4,105.00 8,210.00 Nil 0 Yonten 8,210.00 10 Mitralal 892/B 38 Apple(1) 4,105.00 4,105.00 Nil 0 Sharma Walnut(1) 3,410.00 3,410.00 7,515.00 11 Lt. Lemo 288 248 & Apple(4) 4,105.00 16,420.00 Nil 0 249 16,420.00 12 Sonam 431 70 Apple(18) 4,105.00 73,890.00 Nil 0 Yangley Apple(2) 1,984.00 3,968.00 Apple(1) 1,684.00 1,684.00 Peach(1) 1,692.00 1,692.00 Walnut(7) 3,410.00 23,870.00 Walnut(2) 1,516.00 3,032.00 Plum(2) 2,750.00 5,500.00 113,636.00 13 Selden 69 608/A Apple(35) 4,105.00 143,675.00 Cow Shed 41,962.40 185,637.40 14 Sonam 309 177 Apple(4) 4,105.00 16,420.00 Pear(4) 2,490.00 9,960.00 Temporary Peach(4) 1,692.00 6,768.00 hut 64,911.00 98,059.00 15 Namgay 607 & 43/A & Apple(8) 4,105.00 32,840.00 Nil 0 Drukpa & 608 42 Tashi Mo 32,840.00 16 Kinley Om 1234 207/A Apple(50) 4,105.00 205,250.00 Nil 0 205,250.00 17 Dechen 1149 202 Nil 0 0 Wangmo Thaye RRM Wall 14,944.02 14,944.02 18 Tandin 299 Apple (11) 4,105.00 45,155.00 Septic tank Peach (10) 1,692.00 16,920.00 & Fence 29,275.47 Walnut (2) 3,410.00 6,820.00 98,170.47 19 Pema TT- Nil 0 0 Septic tank, Lhazom 62/574 Fence& wall 85,515.53 85,515.53 20 Kinzang 331/A 17 Asparagus 100.00 125,000.00 Fence (1250) 26,519.84 151,519.84 21 Kinley Mo 312 All Apple(70) 4,105.00 287,350.00 Septic tank, Walnut(22) 3,410.00 75,020.00 RMM wall, Peach(10) 1,692.00 16,920.00 Syntax Apricot(7) 2,845.00 19,915.00 support, step Plum(4) 2,750.00 11,000.00 wall 101,292.57 511,497.57 22 Kinga 304 All Apple(11) 4,105.00 45,155.00 Nil 0 Dema Walnut(1) 3,410.00 3,410.00 Persimmon 2,243.00 2,243.00 (1) 50,808.00 23 Dr. Sonam 895 Apple(31) 4,105.00 127,255.00 Tenzin Apple(5) 1,684.00 8,420.00 Apple(1) 1,384.00 1,384.00

Annex 5 35

Sl Name Thram Plot Properties Affected Total Amount No No No (I+II) Fruit trees Rate Amount (Nu) Structure Amount (Nu) (Nos) Walnut(2) 3,410.00 6,820.00 Peach(1) 1,692.00 1,692.00 Dogwood(2) 500.00 1,000.00 Stair case 19,221.01 165,792.01 Wall 24 Nado & 1357 204 Nil 0 0 Boundary Wangchuk Wall 8,130.25 8,130.25 25 Babesa 170/D Nil 0 0 Temporary 97,529.36 Primary toilet, School Barbed Wire fencing 16,521.13 114,050.49 26 Pema 1260 & 162/A Nil 0 0 Wall, Lhamo 1142 & temporary 162/B shed 254,368.83 254,368.83 27 Tandin 1472 200/Y Nil 0 0 Water tap, Zam Septic tank 38,923.38 38,923.38 28 Sangay 353 Apple(19) 4,105.00 77,995.00 Nil 0 Apricot(1) 2,845.00 2,845.00 80,840.00 29 Karma Om 617 23 Apple(43) 4,105.00 176,515.00 Nil 0 176,515.00 30 Wangmo 307 Apple(40) 4,105.00 164,200.00 Nil 0 Walnut(5) 3,410.00 17,050.00 181,250.00 31 Karma 1455 Apple(25) 4,105.00 102,625.00 Nil 0 Wangchuk Pear(1) 2,490.00 2,490.00 105,115.00 32 Dechen 893 8 Nil 0 0 Tshomo Fence 4,310.65 4,310.65 33 Ganglo 892/F 38 Nil 0 0 RRM Wall, PCC Road Structure 133,173.37 133,173.37 34 Namgay 686 All Nil 0 0 Wangchuk Retaining & Wangmo wall 132,535.77 132,535.77 35 Thinley TT-177 185,18 Apple(43) 4,105.00 176,515.00 Nil 0 Gyelmo 5A,195 Peach(2) 1,692.00 3,384.00 Walnut(5) 3,410.00 17,050.00 Pear(1) 2,490.00 2,490.00 199,439.00 36 Kinga 304 All Apple(40) 4,105.00 164,200.00 Nil 0 Dema Peach(4) 1,692.00 6,768.00 170,968.00 37 Lhaden 315 36 Apple(21) 4,105.00 86,205.00 Nil 0 86,205.00 38 Tandin 1472 200Y Apple(12) 4,105.00 49,260.00 Nil 0 Zam Walnut(2) 3,410.00 6,820.00 56,080.00 39 Pemo 390 265,18 Apple(18) 4,105.00 73,890.00 Nil 0 5A,188 73,890.00 40 Dolkar 996 11,12 Apple(21) 4,105.00 86,205.00 Nil 0 Lhamo Walnut(5) 3,410.00 17,050.00 Pear(2) 2,490.00 4,980.00 Peach(2) 1,692.00 3,384.00 111,619.00 41 Yanka 3 1301 Apple(5) 4,105.00 20,525.00 Nil 0 Walnut(2) 3,410.00 6,820.00 27,345.00 42 Dechen 893 8 Apple(34) 4,105.00 139,570.00 Nil 0 Tshomo 139,570.00 43 Wangmo 307 5 Apple(25) 4,105.00 102,625.00 Nil 0 Apple(1) 1,984.00 1,984.00 Apple(3) 1,684.00 5,052.00 Walnut(1) 3,410.00 3,410.00 Walnut(1) 1,516.00 1,516.00

36 Annex 5

Sl Name Thram Plot Properties Affected Total Amount No No No (I+II) Fruit trees Rate Amount (Nu) Structure Amount (Nu) (Nos) Peach(1) 1,119.00 1,119.00 115,706.00 44 Kinzang 311A 17 Apple(55) 4,105.00 225,775.00 Nil 0 225,775.00 45 Pema TT- Apple(18) 4,105.00 73,890.00 Nil 0 Lhazom 62/574 Plum(2) 2,750.00 5,500.00 Pear(2) 2,490.00 4,980.00 Peach(2) 1,692.00 3,384.00 97,984.00 Walnut(3) 3,410.00 10,230.00 46 Denka 931 236 Apple(20) 4,105.00 82,100.00 Nil 0 Walnut(1) 3,410.00 3,410.00 85,510.00 47 Dolma 1056 171 Apple(63) 4,105.00 258,615.00 Nil 0 Peach(2) 1,692.00 3,384.00 261,999.00 48 Tandin 299 All Apple(11) 4,105.00 45,155.00 Nil 0 Peach(10) 1,692.00 16,920.00 62,075.00 49 Chimi 299B 298 Apple(8) 4,105.00 32,840.00 Nil 0 Lham Peach(3) 1,692.00 5,076.00 Walnut(3) 3,410.00 10,230.00 48,146.00 50 Tashi Mo 607 42 & Apple(30) 4,105.00 123,150.00 Nil 0 47 123,150.00 51 Kinley 297 216 Apple(17) 4,105.00 69,785.00 Nil 0 Bidha Walnut(3) 3,410.00 10,230.00 80,015.00 52 Namgay 608 43/A Apple(65) 4,105.00 266,825.00 Nil 0 Drukpa 266,825.00 53 Karma 920 & - Nil Nil 0 RRM Wall 981 and Septic tank 38,709.77 38,709.77 Grand Total 6,979,901.53

5. The approval for compensation for the above affected persons has been already accorded by the Thrompon, TCC and the compensation part is satisfactorily completed. The fund for the compensation has been secured vide re-appropriation letter dated 18 March 2011.

Annex 5 37

Xerox identity card and compensation details of the affected persons.

1. Rinzin Wangmo

2. Khandu Wangmo

3. Kinley Rabgay and Tandin Dorji

38 Annex 5

4. Sigay

5. Tashi Tshewang

6. Peki Tobgyal Gyeltshen

Annex 5 39

7. Rinzin Wangmo

8. Mindu

9. Tshering Yoten

40 Annex 5

10. Mitra Lal Sharma

11. Late Lemo (represented by Thinley Gyem)

12. Sonam Yangley

Annex 5 41

13. Seldon

14. Sonam

42 Annex 5

15. Namgay Drukpa & Tashi Mo

16. Kinley Om

17. Dechen Wangmo Thye

18. Tanden

Annex 5 43

19. Pema Lhazom

20. Kinzang

21. Kinley Mo

44 Annex 5

22. Kinga Dem

23. Dr. Sonam Tenzin

Annex 5 45

24. Nado and Wangchuck

25. Babesa Primary School

46 Annex 5

26. Pema Lhamo

Annex 5 47

27. Tandin Zangmo

28. Sangay

29. Karma Om

48 Annex 5

30. Wangmo

31. Karma Wangchuck

32. Dechen Tshomo

Annex 5 49

33. Ganglo

34. Namgay Wangchuck & Wangmo

50 Annex 5

35. Thinley Gyelmo

36. Kuenga Dema

37. Lhaden

Annex 5 51

38. Tandin Zam

39. Pemo

40. Dolkar Lhamo

52 Annex 5

41. Yanka

42. Dechen Tshomo

43. Wangmo

Annex 5 53

44. Kinzang

45. Pema Lhazom

46. Denka

54 Annex 5

47. Dolma

48. Tandin

49. Chimi Lam

Annex 5 55

50. Tashi Mo

51. Kinley Bidha

52. Namgay Drukpa

56 Annex 5

53. Karma

57 Annex 6

Annex 6: Name List of Plot Owners Under Babesa LAP

NAME LIST OF PLOT OWNERS UNDER BABESA LAP SL.NO NAME OF OWNER THARM NO. PLOT NO. AREA LPA Signed 1 Tshering Dorji 1356 115,168 38.00 dec. Yes 2 Karma Yangzom 318/A 113 13.71 dec. Yes 3 Tshering Penjor 312-D 25/PT-D 15.00 dec. Yes 29.33&21.03 4 Kinley 494&348 64,38,35,199,199/y dec. Yes Khandu Pelmo & Banga 5 Mo 308,322 All plots 3.90 acres Yes 6 Dechen Wangmo 1149 202 11.00 dec. Yes 7 Dorji Dema 967 119/A,119/120 68.99 dec. Yes 8 Wangmo 307 All plots Yes Tandin Dorji & Kinley 9 Rabgay 169/C&169 997 20.87 dec. Yes 10 Pema Lhanzom 574 203&1/A 22.66 dec. Yes 11 Rabten Gyeltshen 1151 180,23/A 38.00 dec. Yes 12 Shree Prasad Subedi 1208 1 24.00 dec. Yes 13 Tandin 394H&394G 9&31/B 30.59&28 dec. Yes 14 Prahad Biswa 901/A 65PT/A 13.00 dec. Yes 15 Khado 294-C 135 13.00 dec. Yes 16 Wangmo 307 All plots 3.04 acres Yes 17 Nidup Zangmo 995 37/A 13.00 dec. Yes 18 Namgay Tshering 1453 188A 13.00 dec. Yes 19 Meenuka Chhetri 1208/A 1/PT-A 13.00 dec. Yes 20 N.K Sharma & C.K Sharma 1208/B 1/PT-B 13.00 dec. Yes 21 Mindu 662 4 39.53 dec Yes 22 Kezang Choden 1255/A 33/A Yes Ugyen Rinzin & Tharchen 23 Lhendup 863C 10PT-C 13.00 dec. Yes 24 Tandin Zom 393 All plots 44.85 dec. Yes 25 Kuenle Dolma 294 All plots 1.74 acres Yes 26 Bekhumo 1476 205y 2.55 dec. Yes 27 Jurmey Tshewang 307-B 48/PT-A 26.00 dec. Yes 28 Sedon 608-A 69 11.60 dec. Yes 29 Dasho Gagey Lham 1106 32,15,74 87.61 dec. Yes 30 Khentshe Wangmo 431 All plots Yes Namgay Wangchuk & 31 Wangmo 686 All plots Yes 32 Dolma 1056 171 Yes 33 Bap Tobgay 311 31 13.00 dec. Yes 34 Yuden 394/G-1 31/B-2 14.00 dec. Yes 35 Chimi Dem Yes 36 Kuenley Penjor Yes 37 Manikala Moktan 312 76A 23.00 dec. Yes 38 Eden 321/D 65 30.00 dec. Yes

39 Chencho 749 - - Yes 40 Kuenley Nidup 543 Yes

58 Annex 6

NAME LIST OF PLOT OWNERS UNDER BABESA LAP SL.NO NAME OF OWNER THARM NO. PLOT NO. AREA LPA Signed 41 Kuenga Zangmo 349 96B,95A,96A,95 Yes 42 Tandin Wangmo 26/PTB 22.00 dec. Yes 43 Dolkar Lhamo 662 11&12 60.00 dec. Yes 44 Dil Maya Sharma 1308 274 55.00 dec. Yes 45 Tshering Tshomo 901-B 93,94/PTA 17.79 dec. Yes 46 Kalu Ram Tamang 376/B 160 13.00 dec. Yes 47 Gyem Thinley 376/B 160 19.98 dec Yes 48 Aita Singh Tamang 318E 120/C,118/A 26.00 dec. Yes 49 Sonam Dechen 394-B 18/PT-13 14.50 dec. Yes 50 Tandin Dorji 394-C 18/PT-C 14.50 dec. Yes 51 Karma Wangchuk Tamang 25 312/I 15.00 dec. Yes 52 Namgay Tshering 1453 188/A 13.00 dec. Yes 53 Barpa Lhakhang 346 All plots Yes 54 Kinley Zangmo 1056 All plots Yes 55 Tenzin Namgay 1056 17.00 dec. Yes 56 Tala Goenpa 751,347 All plots Yes 57 Kuenga Dema 304 All plots 380.12 dec. Yes 58 Kinley Bidha 297 All plots Yes 59 Yangchen Lhamo 1317 205 22.00 dec. Yes 60 Dago Zangmo 318 118 17.00 dec. Yes 61 Deo Narayan Pradhan 304/A 127 14.00 dec. Yes 62 Tashi Tshewang 929&930 227/A,173/A,173 71.60 dec Yes 63 Karma 981 226 8.00 dec. Yes 64 Tandin 299 All plots 1.19 dec. Yes 65 Kinzang Norbu 890 266,268 Yes 66 Kinley Zangmo 297D 179,181,182,230A 63.00 dec. Yes 67 Karma 920 225,16 Yes 68 Chimi Wangmo 1056&1061 9,32,911 Yes 69 Karma 1056D 33,70 19.01 dec. Yes 70 Lhomo Choedey 288 All plots Yes 71 Pema Choki 1449 239 17.00 dec. Yes 72 Mitralal Khatiwara Sharma 892/B 38/PTB 15.00 dec. Yes 73 Rabden Gyeltshen 1151 231A/180 38.00 dec. Yes 74 Dechen Wangmo 1149 202 11.00 dec. Yes Tenzin Khorlo & Eden 75 Dema 393/A 209 24.04 dec. Yes 76 Kinzang Lhamo 353/C 217/C 15.00 dec. Yes 77 Tashi Tenzin 892/D 38/PT-D 10.00 dec. Yes 78 Kinley Chenzo 297E All plots Yes 79 Denkar 931 234/236 64.00 dec Yes 80 Kinley Zangmo 1176 213/214/215 14.00 dec. Yes 81 Tandin Dem 919 206 47.00 dec. Yes 82 Ugyen Rinzin 294/B-1 238/B 16.67 dec. Yes 83 Pema Wangchen 1356/A 104 & 126 25.20 dec. Yes 84 Aruna Pradhan 403 233/B 19.00 dec. Yes 921 54 75.00 dec. Yes 85 Tshering Choki 921 54 77.00 dec.

Annex 6 59

NAME LIST OF PLOT OWNERS UNDER BABESA LAP SL.NO NAME OF OWNER THARM NO. PLOT NO. AREA LPA Signed 182A 36 33.00 dec. 86 Kausal Pradhan 1361 233 18.00 dec. Yes 87 Rinchen Khandu 1293 238 23.00 dec. Yes 88 Pema Lhamo 1142&1260 162/A&162/B 11.00 dec. Yes 89 Tshewang Choden 1255B 33PT-A 15.00 dec. Yes 90 Dawa Zangmo 1235 233/A 18.73 dec. Yes 91 Sacha Chhoden 356 295,296,19&20 83.26 dec. Yes Tilotma Rai & Kamala 92 Golay 309-A 90 14.19 dec. Yes 93 Tandin Sithub 338 All plots 122.02 dec. Yes 94 Wangmo 1055 Yes 95 Tshering Pem &Tandin Om 391 All plots 514.34 dec. Yes 96 Lhaden 315 All plots Yes 97 Yeshi Wangmo 394G 31B 28.00 dec. Yes 98 Passang Wangmo 1174 4/I 11.00 dec. Yes 99 Kezang Namgay 321H 15.00 dec. Yes 100 Pema Wangda 392-A 212,202A 13.12 dec. Yes 101 Tshering Tshomo 901B 93,94/PTA 17.79 dec. Yes 102 Wangchuk 394 18 15.50 dec. Yes 103 Manikala Moktan 312A 76A 23.00 dec. Yes Aum Jangchuk Doma 104 Tobgyel 715/CON(1112) 84.17 dec. Yes 105 Zangmo 992 247,267,207 Yes 106 Chada Dem 1082 35B 17.90 dec. Yes 107 Dema & Chado Dem 1470 35y 20.00 dec. Yes 108 Tandin Dolma 1087 169/A & 169/Y 8.00 dec. Yes 109 Sonam Choden 300 297 19.82 dec. Yes 110 Mindu 662 4 39.41 dec. Yes 111 Phub Dema 899 Ph-11-27 Yes 112 Samten Wangchuk 300A 297PT/A 13.00 dec. Yes 113 Sangay 353 217,219,21,21y 101dec. Yes 114 Lt.Dorji Yuden 376 14,20,130,15A,217I Yes 115 Ugyen Tshomo 318-B 114,121A 12.53 dec. Yes 116 Rinzin Wangmo 889 186(A) 13.84 dec. Yes 117 Dawa Pem 319 169 19.00 dec. Yes 118 Minam 300(B) 297 13.00 dec. Yes 119 Sonam Rinchen 662-A 20 Yes 120 Kuenley Mo 312 All plots 2.69 dec. Yes 121 Shithar Lhamo 1031 116 17.00 dec. Yes 122 Pemo 390 All plots 112.91 dec. Yes 123 Pelden Wangchuk 1063 36 34.00 dec. Yes 124 Jigme Norbu 995 37-A 13.00 dec. Yes 125 Kinga Dem 304 All plots Yes 126 Durga Maya Rai 1443 338/A 32.13 dec. Yes 127 Prakash Gurung 394-D 18/PT-D 19.94 dec. Yes 128 Tshewang Lhamo 410 120-B 13.00 dec. Yes 129 Durga Prasad Chhetri 300D 237/297/A 13.00 dec. Yes

60 Annex 6

NAME LIST OF PLOT OWNERS UNDER BABESA LAP SL.NO NAME OF OWNER THARM NO. PLOT NO. AREA LPA Signed 130 Karma Nidup 1186A-1 53A-1 13.98 dec. Yes 131 Tenzin Dorji 1445 354J/363A 40.00 dec. Yes 132 Karma Dorji 367 104B/104A&D 39&25 Yes 133 Kausal Pradhan 1361 233 18.00 dec. Yes 134 Karma Tshering 311-B 31-B 20.00 dec. Yes 135 Chimi Euden 314/C 125 14.50 dec. Yes 136 Tshechu 308A 129 13.62 dec. Yes 137 Dawa Penjor 141 247/A 28.00 dec. Yes 138 Sonam Gyamtsho 901 121 71.00 dec. Yes 139 Tashi Wangdi 1280 83 14.00 dec. Yes 140 Yeshey Wangchuk 1257 132/A 14.00 dec. Yes 141 Tshering 746 Yes 142 Sonam Yangchen 191 245 36.00 dec. Yes 143 Kinzang Peldon 191 245y,245 11.00 dec. Yes 144 Lt.Dorji Yuden 376 130 7.90 dec. Yes 145 Sonam Choki 396F 324B 13.12 dec. Yes 146 Wangchuk Dema 1447 92 15.00 dec. Yes 147 Pema Wangchen 920/A 78.65 dec Yes 148 Sonam Wangmo 863-A 10/PT-D 13.00 dec. Yes 149 Denup Tshomo 314/E 138&151 45.80 dec Yes 150 Duptho Zangmo 1186 53 26.00 dec. Yes 151 Kunzang 311/A 17 & 31 43.00 dec Yes 152 Kinley Wangmo 389/1234 208/207 69.00 dec Yes 153 Kezang Dorji 1186-A 53/PT-A 13.00 dec. Yes Durga Prasad Chhetri & 154 M.P Oli 852A 44&45 17.00 dec. Yes 155 Pema Yangchen 1356 109/126 25.20 dec. Yes 156 Chukey Wangmo 321-B 65/PT-A 20.00 dec. Yes 157 Denkar 391B 31A 13.00 dec. Yes Namgay Dorji & Mr.Balo 158 Dema 314A,314B,314C 61A,39,249A 65.00 dec. Yes Namgay Dorji &Tashi 159 Yangzom 314A,314B,314C 61A,39,249A 64.00 dec. Yes 160 Lam Sangay &T.Dorji 1150 231/PT-A 13.00 dec. Yes 161 Karma Dorji 1003 167 18.51 dec. Yes 162 Pema Wangmo 464 All plots Yes Mina Rai,Sita Giri,Leela 163 Dhital&Shanti Dhital 1176-A 214/PT-A,213,215 16.00 dec. Yes 164 Rinzin Wangmo 400 227 1.17 acre Yes 165 Den Den 351 75/46/50A 1.30 acre Yes 166 Chhoden 309B 178A 13.00 dec. Yes 167 Karma Dekar 312 49PT/B 14.00 dec. Yes 168 Dorji Rinchen 1261-A 82-A 13.00 dec. Yes 169 Tshering Youla 892/C 38/PT-E 12.00 dec. Yes 170 Gayden 312H 28A 16.00 dec. Yes 171 Sonam Chezom 1261 82 14.43 dec. Yes 172 Kipchu Tshering 327B 127 50.00 dec. Yes 173 Samdrup Regyal 1051 194,193,193/A 37.35 dec. Yes

Annex 6 61

NAME LIST OF PLOT OWNERS UNDER BABESA LAP SL.NO NAME OF OWNER THARM NO. PLOT NO. AREA LPA Signed 174 Karma Lotey 394/G-2 31/B-2 14.00 dec. Yes 175 Neera Pradhan 1167 175 25.00 dec. Yes 176 Indra Kumar Gurung 1364/B 146/A 16.00 dec. Yes 177 Tek Bahadur Ghaley 1364 146/A 17.00 dec. Yes 178 Bhumika Ghalley 1364/A 146/PT-A 16.67 dec. Yes 179 Karma 121 27/B,73,37,27 & 97 Yes 180 Sedon 1253/A 41 27.00 dec. Yes 979 145,190 7.00 dec. Yes 852 99 402 347/A 175/Y 150 181 Naku 175/A 182 Uchi 1191 128/A 21.12 dec. Yes 183 Sangay Wangmo 734 22,22/A 87.00 dec. Yes 184 Tshering yonten 892/E 38/PT-E 12.00 dec. Yes

185 Kesang Peldon 1194 22/B 11.40 dec. Yes 186 Karma Wangchuk 1455 all Yes 187 Khandu Wangmo 311 31/A,9/A,27,14/A,27/Y 113.38 dec. Yes 188 Tashi Lhamo 494/B 38/B 13.00 dec. Yes 189 Karma Yangley 419/A 224,224/A 72.50 dec. Yes 190 Yanka Dawa Dorji 419 223,224/B 64.00 dec. Yes 191 Dhotu 390/A 147/A 15.00 dec. Yes 192 Dechen Wangmo 923 34 20.00 dec. Yes 13 ,16.38 & 13 193 Thinley Gyem 904,360& 316 36/A, 40 & 72/A dec. Yes 194 Nado 1357 204 20.38 dec. Yes 17.4 & 13.27 195 Kuenga Norbu 1360 & 314/F 158 & 16 dec. Yes 196 Karchen Dorji 1246 222 16.00 dec. Yes 197 Mindu Tshering 299/A 6 28.77 dec. Yes 198 Lamkey 316 18,32,10 &72 Yes 199 Pema Gyelpo 980 66 Yes 200 Sonam Pelden 1457 40/A Yes 201 Dorji Wangmo 313 136 No 202 Lt Ugyen Dema 298 196 Yes 203 Nima Zangmo 1092 240 No 204 Tashi Pelden 1143 162 Yes 205 Pardeep Pradhan 1122 231/B Yes 206 Mindu Dorji 131 175/A Yes 207 Jangchub Delma 375 88,89,164 Yes Rinchen Dema & Chundu 208 Wangchuk 1089 161 No 209 Kinley Tshering 395 107,122 No 210 Letho & Phurpa Tshering 1081 121 Yes 211 Singay 1057 111,112 Yes

62 Annex 6

NAME LIST OF PLOT OWNERS UNDER BABESA LAP SL.NO NAME OF OWNER THARM NO. PLOT NO. AREA LPA Signed 212 Yanka 1301 3 Yes 213 Kuenzang Tharchen 922 35/A No 214 Karma Wangdi 320 35 Yes 215 Karma Tshomo 863 10 No 216 Tashi Mo 607 42,47 Yes 217 Phuntsho Wangdi 1435 46 26.00 dec. Yes 218 Kinley Peldon 1090 56 Yes 219 Khensee Wangmo 1255 33 34.16 dec. Yes Yeshey Wangchuk & 220 Kesang Tshultrium 919 250,251 Yes 221 Kinley 1314 19,56/A 27.50 dec. Yes 222 Gem Tshering 1403 76 No

Total owner 222 LPA Signed 215 % Signed 96% LPA Not Signed 7 % 4%

Annex 7 63

Annex 7. Absentee Plot Owners of Babesa LAP

S No. Name Plot No. Tharm Registered PAVA Rate Amount (Nu) No. Area (decimal) (Nu./decimal) 1 Dorji Wangmo 136 313 18.48 100,353.53 1,854,533.23 2 Nima Zangmo 240 1092 51.6 100,353.53 5,178,242.15 3 Rinchen 161 1089 21 100,353.53 2,107,424.13 Dema/Chundu Wangchuck 4 Kinley Chozom 107 395 56.41 100,353.53 5,660,942.63 &122 5 Kuenzang Tharchen 35/A 922 18.37 100,353.53 1,843,494.35 6 Karma Tshomo 10 863 20 100,353.53 2,007,070.60 7 Gyem Tshering 76 1403 92 100,353.53 9,232,524.76 Total 27,884,231.85

1. All efforts were undertaken to consult with the absentee plot owners. Measures include: (i) public awareness campaigns to draw attention of plot owners; (ii) public announcement via media; (iii) notice board in each area indicating the names of plot owners who have not been able to be contacted; and (iv) frequent public consultation. Where despite all these efforts, plot owners cannot be reached, they will be classified as absentee plot owners. Land and assets will be valued using the same methodology as for non-agreeing households and the compensation due to the absentee/non-agreeing plot owners will be placed in an escrow account. However, the executing agency in accordance with para. 15 of the Memorandum of Understanding of the Mid Term Loan Review Mission has allocated the budget requirement in the Thimphu City Corporation annual budget for compensation of non-agreeing and absentee plot owners as equivalent to the escrow account. Information will be publicly announced annually through public media to allow the absentee plot owner to agree to land pooling or be compensated.

Note: Decision taken during the mid-term review (ADB mission 16-28 January 2011) was as follows; The executing agency requested that ADB consider the allocation in the TCC annual budget for compensation of non-agreeing and absentee plot owners as equivalent to the escrow account. The Mission requested the executing agency to provide documentation on the allocation and the mechanics of payment to non-agreeing and absentee plot owners from the allocation in their annual budget. The fund for the land compensation has been already secured vide re-appropriation letter dated 18 March 2011 for the eight absentee plot owners and budget placed in the name of the project.

64 Annex 7

Figure 1: Babesa Zone Map

Annex 7 65

ROYAL GOVERNMENT OF BHUTAN MINISTRY OF FINANCE TASHICHHO DZONG

No. MOF/DNP/AR-53/2008/561 3rd September

NOTIFICATION

Subject: Compensation Rates 2008 for Cash Crops/Fruit Tress / Annual Crops

The Royal Government hereby announces the revised compensation rates for cash crops / fruit trees / annual crops on land when acquired by the government. The rates are as in the Attached Sheet.

This shall come into force with effect from the 1st of September 2008 and prevail for duration of three years.

These rates supersede the relevant rates in the Land Compensation Rates 1996.

This is as per Section 151. Chapter 7 of the Land Act 2007, and as per the decision of the Lhangye Zhungtshog’s 15th session held on 26th August 2008.

-Sd- (Wangdi Norbu) Finance Minister

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ROYAL GOVERNMENT OF BHUTAN MINISTRY OF FINANCE

Compensation Rate – 2008 Compensation rate for fruit trees / cash crops S Crop YRTa 0 1 2 3 4 5 No. 1 Apple 5 484 784.00 1,384.00 1,684.00 1,984.00 4,105.00 2 Apricot 5 496 852.00 1,208.00 1,564.00 1,920.00 2,845.00 3 Areca nut 5 172 324.00 436.00 644.00 964.00 1,405.00 4 Avocado 5 424 744.00 1,064.00 1,344.00 1,704.00 2,280.00 5 Banana 2 114 174.00 174 174.00 174.00 174.00 6 Cardamom 5 29.60 33.60 37.60 41.60 45.6 77.00 7 Guava 5 372 576.00 780.00 984.00 1,188.00 1,490.00 8 Jackfruit 5 648 1,096.00 1,544.00 1,992.00 2,440.00 3,610.00 9 Lemon 5 356 756.00 1,156.00 1,356.00 1,456.00 1,820.00 10 Lime 5 292 452.00 612.00 772.00 812.00 1,065.00 11 Litchi 5 620 1,068.00 1,516.00 1,964.00 2,412.00 3,325.00 12 Mango 5 484 1,024.00 1,564.00 2,104.00 2,644.00 3,980.00 13 Olive 5 456 936.00 1,416.00 1,896.00 2,376.00 3,570.00 14 Orange 5 520 932.00 1,344.00 1,756.00 2,168.00 2,945.00 15 Papaya 4 180 225.00 270.00 285.00 380.00 380.00 16 Peach 4 372 651.00 930.00 1,119.00 1,664.00 1,692.00 17 Pear 5 392 712.00 1,032.00 1,352.00 1,672.00 2,490.00 18 Plum 5 420 776.00 1,132.00 1,488.00 1,844.00 2,750.00 19 Pomegranate 5 288 536.00 784.00 1,032.00 1,160.00 1,560.00 20 Pomelo 5 377 459.40 918.80 1,378.20 1,837.60 2,297.00 21 Tree Tomato 4 108.5 217.00 325.50 434.00 434.00 434.00 22 Bamboo 5 11.0 11.00 11.00 11.00 44.00 89.00 23 Walnut 5 708.00 1,112.00 1,516.00 1,920.00 2,324.00 3,410.00

Department of National Properties

Compensation Rates 2008 for Cash Crops / Fruit Trees / Annual Crops

1. Compensation rate for Cash Crops / Fruit Trees

a YRT is the time (years taken by a new seed / sapling to bear fruit or gain maturity

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ROYAL GOVERNMENT OF BHUTAN MINISTRY OF FINANCE

Department of National Properties

Compensation rate for Annual Crops

Crops Rate (Nu. / acre) Paddy 12,615.84 Wheat 2, 948.00 Chilli 48, 223.00

Note:

In respect of the above compensation rates (i.e. I & II), the following conditions may be noted.

1. For compensation payment, the claimant should be the legal owner of the land and/or of the property on the land. This should be ascertained with the ownership certificates of the land and/or of the property. 2. Compensation payment should be made as admissible for land categories as registered in the Land Records (Tharm). 3. Where land is not required to be acquired immediately and thus where there is time for the owners to harvest their annual crops, land may be acquired only after the harvest of the crops.

68 Annex 7