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Social Monitoring Report

Project Number: 46378-002 September 2020

PAK: CAREC Regional Improving Border Services Project

Prepared by the Federal Board of Revenue, Government of for the Asian Development Bank.

This bi-annual social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section on ADB’s website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status or any territory or area.

Federal Board of Revenue Government of Pakistan

Construction Supervision Consultants for Central Asia Regional Economic Cooperation REGIONAL IMPROVING BORDER SERVICES PROJECT (CAREC-RIBS)

Semi-annual Social Monitoring Report of BCP, January 2020 – July 2020 Report No. 1 Revised and Submitted to ADB on 17 September 2020

Central Asia Regional Economic Cooperation (CAREC) Regional Improving Border Services (RIBS) Project- Torkham BCP First Semi-annual Social Monitoring Report (internal), January-July 2020 Documents Control Sheet

Revised First Semi-annual Social Monitoring Report (internal), Report Name January-July 2020 Central Asia Regional Economic Cooperation Regional Improving Project Name Border Services Project (CAREC-RIBS) Project Number 5065059 Project Director, (ITTMS), FBR Federal Board of Revenue. Report for 1st Floor, Federal Arcade Kuri Road, Chak Shahzad, Islamabad, Pakistan.

Originators Record

Approved for Issue Date Prepared by Reviewed by by Hussain Ahmad Siraj – Naeem Mir - Col. (R) Hafeez Ullah 9-Oct-2020 Social Safeguard Specialist DTL Awan, TL

Distribution

Copies Organization Contact Hard Soft PMU–FBR Project Director 

Central Asia Regional Economic Cooperation (CAREC) Regional Improving Border Services (RIBS) Project- Torkham BCP First Semi-annual Social Monitoring Report (internal), January-July 2020

TABLE OF CONTENTS Executive Summary ...... 1 1. Introduction ...... 6 2. Project Description ...... 6 Need, Objectives and Status of Preparation of Addendum ...... 7 3. Scope of Land & Resettlement impact of LARP and Addendum to LARP...... 7 4. Status of Implementation of LARP of Torkham BCP ...... 8 Status of Land Acquisition ...... 8 37.5 Acres Communal Land for Trade Terminal ...... 9 16.5 Acres Private land for Trade Terminal ...... 9 5.32 Acres Land for Passenger Terminal ...... 9 Status of Land Lease Payment ...... 9 5. Status of Compensation & Allowances of Structures ...... 10 Compensation of Structures at Trade & Passenger Terminals ...... 10 Return of Undisbursed Compensation Amount to AC Landi Kotal: ...... 11 Efforts to Persuade 2 Unwilling APs ...... 12 Meetings and Jirgs ...... 12 One Unreachable AP ...... 12 Status of Clearance of 16.5 acres Private Land at Trade Terminal ...... 12 6. Status of Complaints (Law Cases) ...... 14 7. Status of Addendum to LARP Implementation (Cement Road) ...... 14 8. Section-by-Section Payment and Construction Approach ...... 16 Trade Terminal (54 Acres) ...... 16 Passenger Terminal (5.32 Acres) ...... 17 Cement Road (Addendum to LARP) ...... 17 9. Local Employment as a Livelihood Restoration Strategy ...... 18 10. Public Consultation & Information Disclosure ...... 18 11. Grievance Redress Mechanism (GRM) ...... 18 12. Conclusion ...... 19 13. Way Forward / Action Plan ...... 19

LIST OF ANNEXURES Annex 1: List of APs and Structures of Approved LARP ...... 22 Annex 2: List of APs and Structures of Addendum to Approved LARP ...... 25 Annex 3: Transfer of Annual Lease rent of 37.5 Acres to DC Khyber ...... 26 Annex 4: Transfer of Annual Lease rent of 2.04 Acres to DC Khyber ...... 27 Annex 5: Copy of Cheques & Deposit slips of 16.5 acres land owners ...... 28 Annex 6: Copies of Returned Amount Cheques by Nominee to AC Office ...... 31 Annex 7: MOMs by AC with 2 Refusing APs to distribute payment cheque...... 32 Annex 8: Copy of AC Letter of Jirga Negotiations with 2 Unwilling APs ...... 34 Annex 9: Copy of AC, Landi Kotal Field Report ...... 35 Annex 10: Court withdrawl Order and Writ Withdrawl Application of Mr. Ajeer Ullah ...... 36 Annex 11: Court withdrawl Order and Writ Withdrawl Application of Mr. M. Aslam ...... 37 Annex 12: Court Dismissal and Vacation of Stay of Abdul Rahim Writ ...... 41 Annex 13: Brief to-date Status of Writs ...... 44 Annex 14: Transfer of Addendum Compensation to DC Khyber ...... 45 Annex 15: Linear Map of LAR free Area for Section-wise Payment ...... 46 Annex 16: List of the Locals and other working with Contractor at Torkham BCP ...... 47 Annex 17: Copy of AC Letter Regarding Resolution of Issues of LARP and Addendum ...... 50 Annex 18: Copy of PPT for Video Conference with ADB ...... 51

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ABBREVIATIONS AC Assistant Commissioner ADB Asian Development Bank AP Affected Person BCP Border Crossing Point BSIP Border Services Improvement Project CAREC Central Asia Regional Economic Cooperation CCMR Community Complaint Management Register CSC Construction Supervision Consultant EMC External Monitoring Consultant EMR External Monitoring Report FBR Federal Board of Revenue GOP Government of Pakistan GRC Grievance Redress Committee IMR Internal Monitoring Report ITTMS Integrated Transit Trade Management System LAR Land Acquisition and Resettlement LARC Land Acquisition and Resettlement Committee LARP Land Acquisition and Resettlement Plan M&E Monitoring and Evaluation MOM Minutes of Meeting MOU Memorandum of Understanding NLC National Logistic Cell PMSC Project Management Support Consultant PMU Project Management Unit SPS Safeguard Policy Statement

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GLOSSARY

In the context of involuntary resettlement, APs are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and / or economically affected (loss of land, assets, access to assets, income Affected persons sources, or means of livelihood) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Payment in cash or in kind for an asset or a resource that is acquired or Compensation affected by a project at the time the asset needs to be replaced.

Resettlement entitlements with respect to a particular eligibility category are the sum total of compensation and other forms of assistance provided to Entitlement APs in the respective eligibility category.

The agency, public or private, that is responsible for planning, design and Implementing implementation of a development project. agency

Gathering of elders of tribe/tribes to discuss and resolve tribal issues Jirga according to local custom.

A structure with both walls and roof that are made of grass, leaves, mud, un- Kacha burnt brick or wood.

Process whereby a person is compelled by a public agency to alienate all or part of land she/he owns or possesses, to ownership & possession of Land Acquisition agency, for public purposes in return for fair compensation.

Relocation Support provided to persons who are physically displaced by a project. Assistance Displaced poor and other groups disproportionately affected by land acquisition and resettlement, including those below the poverty line, the Vulnerable APs landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land.

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Executive Summary Introduction 1. The Government of Pakistan is implementing Central Asia Regional Economic Cooperation – Regional Improving Border Services (CAREC-RIBS) Project with financial assistance of Asian Development Bank (ADB). The project aims to (a) modernize Pakistan’s border point infrastructures providing quality border-crossing services including reduced cross-border processing time for passengers and cargo at three Border Crossing Points (BCPs) of Torkham, Chaman and Wagha; (b) improvements of the infrastructure, facilities and equipment at all three BCPs; (c) establishment of Pakistan Land Port Authority (PLPA) and (d) improved knowledge and skills of BCP operating agencies. 2. The sub-project “Torkham BCP” is being implemented in . Resettlement Monitoring is essential part of the resettlement implementation process and this is the first internal “Semi-annual Social Monitoring Report” (SMR) that has been prepared to cover the implementation of Land Acquisition and Resettlement Plan (LARP) and Addendum of Torkham BCP. The report describes the disbursement of compensation & allowances to APs, status of land acquisition, status of law cases and resolution of APs issues in accordance with approved LARP and its addendum. The period covered in this report is from 01 January to 30 July 2020. Normally, semiannual monitoring report covers a six-months period but the first SMR covers one month additional with the objective to cover PMU’s exhaustive efforts in reaching out to unwilling and unreachable APs for compensation payment. 3. Construction of Torkham BCP required a total of 59.32 acres of land, comprising of 37.5 acres of communal land, 19.64 acres of private land and 2.18 acres of government owned land. PMU prepared an updated LARP to document the impacts and compensate APs which was approved by ADB on November 2018. In addition to the LARP, an Addendum to LARP was also prepared to document and compensate unanticipated impacts which were not envisaged at the time of preparation of LARP. The Addendum was approved by ADB on 25 September 2019. The status of implementation of LARP and Addendum and status of land availability for construction is presented below together with key issues and PMU’s efforts related to payment of compensation to APs and resolution of their complaints. 4. Overall Status of Implementation of LARP and Addendum: Table ES 1 below provides the overall status of compensation to APs: Table ES 1: Overall Status of Compensation and Allowances

Status of Payment of Comp. & Remarks Allowances (Rs. in millions) Type of Impacts of APs Amount APs Amount APs No. of of No. o. (Rs. M.) Payable Payable Amount

N paid paid unpaid unpaid Structures LARP of Torkham BCP A) Trade Terminal Structures located on 37.5 acres of communal land Hotels 7 7 2.401 2.401 7 Fully Paid Fully Paid Bread making oven 3 2 0.769 0.769 2 Fully Paid Fully Paid shops (tandoor) 37.5 acres land is validated by EM in Tyre repair 4 4 0.983 0.983 4 Fully Paid Fully Paid 1st EMR (Feb 2019) and NTP issued Saloon 3 1 0.841 0.841 1 Fully Paid Fully Paid by ADB (May 2019). This land Houses and rooms 8 7 3.074 3.074 7 Fully Paid Fully Paid handed over to NLC General Stores, 19 13 4.047 4.047 13 Fully Paid Fully Paid Tyre Shop (Cabin) Structures located on 16.5 acres of private land Petrol Pump 1 1 35.32 35.32 1 Fully Paid Fully Paid 2 APs are refusing to receive Weigh Stations 2 2 6.959 6.959 2 Fully Paid Fully Paid payment due to claim of land

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Hotel & G. Store 3 2 1.338 1.338 2 Fully Paid Fully Paid ownership without any valid documents while 1 AP is General Store, Trye 3 2 0.639 - - 0.639 2 unreachable. Shop (Cabin) This land is on hold. NTP awaited. House (vacant) 1 1 5.86 - - 5.86 1 Sub-total 54 42 62.431 55.732 39 6.699 3 B) Passenger Terminal 5.32 acres Shops (only 1 - 9 shops on Govt. land (2.18 acres) 9 9 7.57 7.57 9 Fully Paid Fully Paid functional) and 12 shops on private land (3.14 acres). Markets-3 (vacant) 10 3 2.72 2.72 3 Fully Paid Fully Paid - Validated by EM in 2nd EMR (June- Dec 2019) and NTP issued by ADB. - Rooms (vacant) 2 1 0.73 0.73 1 Fully Paid Fully Paid - Land under process of handing over to NLC Sub-total 21 13 11.02 11.02 13 - - Total (A+B) 75 55 73.451 66.752 52 6.699 3 C) Addendum to LARP (Structures along cement road.) Cabins 13 8 2.235 - - 2.235 8 - Structures existed on ROW of cement road; AC is requested for ascertainment Shops 10 15 5.116 - - 5.116 15 of land ownership. - Compensation amount transferred to Hotels 3 4 2.370 - - 2.370 4 DC Khyber on 24 July 2020. Payment is Weigh station 1 1 0.890 - - 0.890 1 expected by 31 October 2020. Total 27 28 10.776 - - 10.776 28 Grand Total (A+B+C) 102 83 84.227 66.752 52 17.475 31 5. Analysis of Implementation of LARP and Addendum: The status of implementation presented in the table above indicates that; a. Approved LARP: 6. According to the approved LARP, a total of 75 structures, owned by 55 APs were affected due to the trade and passenger terminals proposed for construction under Torkham BCP. Of these, 54 structures owned by 42 APs existed on trade terminal and 21 structures owned by 13 APs existed on passenger terminal. A total amount of Rs.73.451 million had to be paid to 55 APs as compensation and allowances. The status of compensation disbursement is as under:

i. Trade Terminal: • Out of total 54 structures owned by 42 APs, payment of compensation Rs. 55.732 million has been made for 51 structures owned by 39 APs, • Compensation amounting to Rs. 6.699 million is unpaid for 3 structures owned by 3 APs. • 2 APs are refusing to receive compensation due to claim of land ownership under their structure (vacant house) without any valid documents while 1 AP is unreachable. • PMU-FBR is making all efforts for payment of compensation through AC Landi Kotal office and disbursement of compensation is expected to be done by 31 October 2020. ii. Passenger terminal. • Payment of compensation Rs. 11.02 million has been made to all 13 APs for 21 structures. • No compensation payment of structures is pending.

b. Approved Addendum: 7. Addendum to LARP was needed to document and compensate the impacts of cement road widening and construction of a retaining wall along the nullah. This impact was not envisaged during the preparation and updating of the LARP. The Addendum was prepared by PMU-FBR and approved by ADB on 25 September 2019. A total of 27 structures owned by 28 APs were affected due to the cement road and retaining wall located on the land, AC Landi Kotal office is determining ownership according to record. A total amount of Rs.10.776 million had to be paid to 28 APs as compensation and allowances. The status of compensation disbursement is as under:

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• Payment of compensation has been transferred to DC Khyber for further disbursement to APs. • Payment of compensation has not been started yet as local tribe is claiming the ownership of land under cement road and between cement road and nullah. • PMU-FBR has requested AC, Landi Kotal for determination of ownership of land. AC, Landi Kotal is holding Jirga meeting with locals and is expected to start compensation by 31 October 2020. 8. Status of Clearance of Land: To date status of availability of land for construction is as under: Table ES 2: To-date status of Land Handed Over to Contractor Sr. Land Location/ Handed Ownership Remarks No. (Acres) Terminal over to NLC All structures and APs on communal land have been fully compensated and the land was handed over for construction in March 2019 1 37.5 Trade Communal 20 Mar 2019 based on validation of payments and land clearance by external monitoring agent (EMA) through 1st EMR of Feb 2019 a. 8.75 acres of land handed over for construction in June 2019 based on EMA 27 June 2019 validation (1st EMR of Feb 2019) of payment Private 2 16.5 Trade to APs and land clearance. land b. 7.75 acres of land is on hold for issuance of On hold NTP in accordance with EMA validation report which is yet to be issued. All structures and APs on govt. and private land 3 2.18 Govt dept. have been fully compensated. EMA validated Under payment of compensation in 2nd EMR (June- Passenger process Dec 2019). 4 3.14 Private Only status of ownership of land under govt. offices is being determined by AC Landi Kotal. Cement Payment of compensation transferred to DC 5 - - On hold Road Khyber & payment is expected by 31 Oct. 2020. Total 59.32

9. According to table ES 2 above, the status of notice to proceed (NTP) already issued for construction is as under: a. Communal Land: All 37.5 acres of communal land cleared for construction on December 2018 with full payment of compensation and allowances Rs. 12.115 million to 34 APs. NTP for construction was issued on 29 May 2019 based on validation/clearance by EMA report on Feb 2019. b. Private Land: Of total 16.5 acres of land at trade terminal, 8.75 acres of land has already been cleared and NTP issued on 29 May 2019 based on EMA validation report on Feb 2019. However, remaining 7.75 acres of land continues to be on hold for NTP. The NTP will be issued after validation of payment Rs 50.316 million to 8 APs by EMA. The EMA report is yet to be prepared. c. All 3.14 acres of private land at passenger terminal cleared for construction on December 2019 with full payment of compensation and allowances Rs. 11.02 million to 13 APs. NTP for construction was issued on 14 May 2020 based on validation/clearance by EMA report on 7 May 2020 d. Government Land: A total of 2.18 acres of government land is free from all kinds of LAR issues and there are no APs involved in this land. NTP for construction was issued on 14 May 2020 based on validation/clearance by EMA report on 7 May 2020.

Key Issues concerning disbursement of compensation and complaints 10. Following are the key issues of compensation disbursement and complaints. • 3 APs owning 3 structures are still unpaid.

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• Out of 3 unpaid APs, 2 APs are refusing to receive compensation due to claim of land ownership of vacant abandoned house although without any valid documents whereas 1 AP is unreachable. • 2 locals have filled complaints through community complaint register placed at Tehsildar Office Torkham. Mr. Raskhid Shah has claimed for non-payment of 5 marla shop at trade terminal and Mr. Shah M. has claimed joint ownership of land with an AP (Mr. Ahmad Nabi s/o Gul Nabi) at passenger terminal.

Efforts made by PMU to reach out to APs to make payments and resolve complaints 11. Multiple meetings and Jirgas have been convened to convince 2 unwilling APs to receive compensation cheques. Their verbal claim of ownership for land under their structure (vacant house) is only reason for refusal to receive compensation. Assistant Commissioner (AC), Landi Kotal has apprised during a meeting in his office on 22 July 2020 that their claim of land ownership is baseless as till to-date, they have not provided any document. He further updated that he is trying to resolve the issue through one to one and jirga negotiations (Copy of AC Landi Kotal is attached at Annex 8). 12. One of the 3 unpaid APs has moved to his village during COVID-19 suspension of business activities at border areas. PMU through AC Landi Kotal office is trying to reach/trace him at his given address, mobile number and through other acquaintances/ neighbor business operators as part of PMU’s exhaustive efforts and formal requirements. In next month, advertisement through local newspaper & local active social media pages and display of banner in the business center (bazar) will be carry out for information dissemination. Compensation of these 3 unpaid APs is on hold until they approach PMU or AC Landi Kotal for payment. 13. Only 02 complaints are under resolution process. PMU through AC Landi Kotal is holding Jirga and one to one meeting with complainants to review their complaint for amicable resolution of their complaints.

Conclusion and Recommendations

14. On the basis of the information provided in this report, following conclusions and recommendations are made regarding full disbursement of compensation to APs and resolution of complaints. • As per LARP, out of total payable compensation Rs. 73.45 million, 66.75 million (91%) has been disbursed to 52 APs (95%) for 72 structures (96%). Only 3 APs (5%) owning 3 structures (4%) are unpaid. • For the payment of these 3 unpaid APs, PMU through AC Landi Kotal office is holding meetings and Jirgas to convince the 2 unwilling APs to receive their compensation cheques as well as trying to reach the 3rd unreachable AP at his given address, mobile number and through other acquaintances/ neighbour business operators as part of PMU’s exhaustive efforts and formal requirements. • PMU will further publish advertisement through local newspaper & local active social media pages and display of banner in the business centre (bazar) for information dissemination to reach/trace 01 unpaid AP. • Two locals have filled complaints through community complaint register. PMU through AC Landi Kotal is holding Jirga and one to one meeting with complainants to review their complaints and reach amicable resolution. • As per Addendum to LARP, total payable compensation amounting to Rs. 12.58 million is still undisbursed. After the ascertainment of land ownership of cement road and between road and nullah, payment of compensation will be disbursed to APs.

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• Virtual communication (mobile phone, WhatsApp and social media pages) & physical community meetings will be held to get feedback & complaints of APs and local community.

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1. Introduction

15. Federal Board of Revenue (FBR), as Executing Agency (EA), has started a multi- faceted Border Services Improvement Project (BSIP) with the financial assistance of Asian Development Bank (ADB) to modernize infrastructure and quality services of three Border Crossing Points (BCPs) namely Wagah BCP in Punjab , Torkham BCP in Khyber Pakhtunkhwa and Chaman BCP in Baluchistan Province. These BCPs are used for transit trade with , India and potentially the Central Asian Republics. The objective to implement the project at all three border crossing points is to: i) Construct new infrastructures as import export processing zones, passenger terminal with separate parking areas; ii) Construct integrated administrative office buildings and establishment of Pakistan Land Port Authority (PLPA) iii) Widen approach roads and new multi-approach traffic lanes with checking booths; iv) New equipment such as cargo X-Ray scanning, truck weighing and pedestrian multi entry and exit lane scanning and detection equipment; v) Install new Information and Communication Technology (ICT) hardware and software as part of the transition to a Single Window System (SWS). 16. The sub-project “Torkham BCP” is being implemented in Khyber Pakhtunkhwa Torkham BCP to modernize infrastructure and quality services of Torkham Border Crossing Point. Location of Torkham BCP is pointed in Fig 01. Resettlement Monitoring is essential part of the resettlement implementation process and this is the first “Bi-annual Internal Monitoring Report” (IMR) that has been Fig 01 prepared to cover the implementation of Land Acquisition and Resettlement Plan (LARP) and Addendum to LARP of Torkham BCP. The report describes the disbursement of compensation & allowances to APs, status of land acquisition, status of law cases and resolution of APs issues in accordance with approved LARP and its addendum. The period covered in this report is from 01 January to 30 July 2020. The month of July has been added to demonstrate PMU’s exhaustive efforts made to compensate remaining 3 unpaid APs.

2. Project Description

17. Total land required for Torkham BCP is 59.32 acres. Out of the total required land, 54 acres is required for Trade Terminal and 5.32 acres is required for Passenger Terminal. Khuga Khel tribe owns most of land in the area along with private/ family ownerships of some land. According to the local traditions, land title cannot be transferred but if the land is required by any department / person, this land can be taken on lease basis with the negotiation of the Jirga1 / locals. PMU prepared the Land Acquisition and Resettlement Plan (LARP) in

1 Jirga: Gathering of elders of tribe/tribes to discuss and resolve tribal issues according to local custom.

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November 2018 in accordance with ADB SPS 2009 to ensure resettlement impacts are mitigated & managed during implementation phase.

Need, Objectives and Status of Preparation of Addendum

18. During the preparation of original LARP, it was not envisaged that the area along cement road and nullah (rainy channel) will be impacted as efforts were made to avoid existing structures along the cement road and on left edge of nullah. However, during implementation, the road necessitated widening and construction of retaining wall along the nullah. This eventually resulted in impacting a total of, 27 structures that are owned by 28 APs. This situation was not anticipated at the time of LARP preparation and during its updating. Therefore, objective for preparation of Addendum is to document the impact on 27 structures and 28 APs and provide them compensation and other applicable entitlements in accordance approved LARP of Torkham BCP and SPS 2009. The addendum concurred by ADB on 25 September 2020.

3. Scope of Land & Resettlement impact of LARP and Addendum to LARP.

19. According to the approved LARP of Torkham BCP, different types of structures are impacted under the project. In total 75 structures owned by 55 persons are impacted according to approved LARP. At trade terminal area, 54 structures consisting of 07 residential structures and 47 commercial structures (including grocery store, tyre repair shops, saloon, hotels, rooms, weigh stations and petrol pump) are affected. At passenger terminal area, 21 structures / shops are affected, of which only one shop was functional. According to approved LARP, detail of the impacted structures and numbers of APs are described in the following table and full list of APs and impacted structures is annexed at Annex 01. Table 01: Types and Numbers of Impacted Structures and APs as per Approved LARP

S. No Description of Impacted Structures Quantity 1 Total Impacted Structures 75 2 Total no. of APs 55 3 Total compensation of LARP except land Rs. 77.10 M A Structures at Trade Terminal 54 1 No. of Houses 07 2 No. of Commercial structures 47 B Structures at Passenger Terminal 21 1 Operational 1 No of Commercial Structures 2 Non-operational 20

20. According to approved LARP, 37 APs are eligible for livelihood assistance / allowances consisting of 33 employees and 4 vulnerable people. Due to the project implementation, total 38 trees will be required to cut-down. Only one tree out of total 38 is fruit tree (Mulberry) whereas rest all 37 are wood/ timber trees (8 Acacia Nilotica and 29 Eucalyptus). Total trees compensation was fixed as Rs. 1.220 million. 21. According to the approved Addendum to Torkham LARP, a total of 28 APs has been impacted for the structures, existed on the right-of-way (ROW) of nullah and cemented road. All of the APs are encroachers therefore further acquisition of land is not required for the ROW

Page 7 of 51 Central Asia Regional Economic Cooperation (CAREC) Regional Improving Border Services (RIBS) Project- Torkham BCP First Semi-annual Social Monitoring Report (internal), January-July 2020 of nullah and cemented road. Detail of the impacted structures and number of APs is described in the following table and list of APs, structures and detailed entitlements is annexed at Annex 02. Table 2: Summary of Impacted Structures and APs as per Addendum to Torkham LARP

S. No Description of Impacted Structures Quantity Remarks 1 Total Impacted Structures 28 2 Total no. of APs 27 3 Total compensation of Structures Rs. 7.031 (million) 4 Total Allowances Rs. 5.545 (million) Amount transferred to Total compensation under Rs. 12.576 5 DC Khyber on 24-6- Addendum of Torkham LARP (million) 2020 22. According to approved addendum, 20 number of employees of the shops and hotels along cement road are assessed as eligible for livelihood and vulnerability allowances due to the loss of livelihood. 23. No female headed household is impacted. No tree along the cement road will be impacted due the civil work.

4. Status of Implementation of LARP of Torkham BCP

24. PMU-FBR started implementation of approved LARP & Addendum after their concurrence by ADB. PMU-FBR through Assistant Commissioner (AC), Landi Kotal has disbursed compensation and allowances amounting to Rs. 66.75 M. (91%) out of Rs. 73.45 M to 52 APs (95%) out of 55 APs for 72 structures (96%) as agreed in the approved LARP. Only 03 APs out of total 55 APs are unpaid. 25. A presentation on LARP and Addendum implementation was shared with ADB through a video conference on 24 July 2020. DPD, ITTMS apprised the participants of the measures being taken for payment to 3 unpaid APs and to-date implementation status. Participant from ADB added that PMU has to issue three public notices for unreachable APs to meet the legal requirements in addition to the efforts already made or being made. Slides related to implementation status of LARP and Addendum of Torkham BCP can be seen at Annex 18. Following were the participants of video conference. I. Ali Raza, PD, ITTMS (Chair) II. Tashfeen Riaz, DPD, ITTMS III. Oleg Samukhin, Transport Specialist, ADB IV. Khurram Ghafoor, Project Officer, ADB V. Ashfaq Khokhar, Social Development Specialist (Safeguard), ADB VI. Brig. (R) Laiq Ali, Staff Consultant ADB VII. Col. (R) Hafeez Ullah Awan, TL, CSC VIII. Manzar Hassan Khan, DTL, PMSC IX. Hussain Siraj, Social Safeguard Specialist, CSC Status of Land Acquisition

26. Total land required for the Torkham BCP is 59.32 acres. Out of the total required land, 54 acres is required for Trade Terminal (Import & Export) and 5.32 acres is required for Passenger Terminal. According to local tradition, land title cannot be transferred but if the land is required by any department / person, this land can be taken on lease basis with the negotiation of Jirga/ locals.

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37.5 Acres Communal Land for Trade Terminal

27. After negotiation with the elders of tribes, PMU-FBR acquired 37.5 acres land on lease for 99 years since 2017. PMU-FBR is making payment of lease rent to the elders of 3 tribes of Khuga Khel on annual basis with 5% annual increment. This LAR impact free land was validated by EM. ADB issued Notice to Proceed (NTP). Resultantly, land handed over to NLC for construction on 20 March 2019.

16.5 Acres Private land for Trade Terminal

28. At Trade Terminal, out of total required land, 16.5 acres was leased and contract agreement was signed on 1st March 2020. Whereas, 8.75 acres out of 16.5 acres was already validated by EM and handed over to contractor. Remaining 7.75 acres out of 16.5 acres land will be handed over to NLC (i) after verification of payments to private land owners and structures owners by External Monitor (EM) and (ii) issuance of Notice to Proceed (NTP) by ADB.

5.32 Acres Land for Passenger Terminal

29. Passenger terminal land (5.32 acres) is Land Acquisition and Resettlement (LAR) impact free area. External Monitor (EM) validated the payment process and subsequently ADB concurred External Monitoring Report (EMR) on 11 May 2020 and issued Notice to Proceed (NTP) for 5.32 acres land at Passenger Terminal on 14 May 2020. 30. To-date detail status of land acquisition is given in the table below. Table 3: Status of Land Acquisition and Handing over to NLC Sr. Land Location/ Handed Ownership Remarks No. (Acres) Terminal over to NLC Import/ 1 37.5 Communal 20 Mar 2019 NTP issued. No outstanding issue Export 27 June NTP issued for 8.75 acres. No outstanding Private 2019 issue 2 16.5 Export land Waited for EM validation and NTP issuance On hold for recently acquired 7.75 acres Different 3 2.18 Govt dept. Under NTP issued. Under process of handing over Passenger process to NLC 4 3.14 Private Payment of compensation transferred to DC Cement Khyber. Yet NTP not issued by ADB. 5 - On hold Road AC office requested for land ownership ascertainment on 6-3-2020 Total 59.32

Status of Land Lease Payment

31. PMU-FBR has acquired most of required land for development of Torkham BCP. PMU- FBR is disbursing lease rent payment to the tribal heads / family heads / private owners of land on yearly basis with 5% annual increment. During the month of June 2020, PMU-FBR disbursed following three payments as land lease rent (Copy of FBR transfer of payment letters can be seen at Annex 3 & 4 and copy of Cheques & deposit slips at Annex 5). I. On 24 June 2020, PMU-FBR transferred payment amounting to Rs. 23,152,500/- to Deputy Commissioner (DC) Khyber for further disbursement to

Page 9 of 51 Central Asia Regional Economic Cooperation (CAREC) Regional Improving Border Services (RIBS) Project- Torkham BCP First Semi-annual Social Monitoring Report (internal), January-July 2020

Khuga Khel tribe as annual lease rent with 5% increase for 37.5 acres communal land for trade terminal. II. On 24 June 2020, PMU-FBR transferred payment amounting to Rs. 1,261,811/- to DC Khyber for further disbursement to land owners as annual lease rent with 5% increase for 2.04 acres private land out to 3.14 acres at passenger terminal. Payment of remining 1.1 acres is due in August 2020. III. On 23 June 2020, PMU-FBR disbursed annual lease rent payment of private land 16.5 acres amounting to Rs. 48,600,024/- to 04 owners namely, Mr. Mubarak Zeb, Mr. Zeb Khan, Mr. M. Aslam & Mr. Ajeer Ullah. The payment was made through cross cheques and share of each individual is Rs. 12,150,006/-

32. Following is the detail of the lease rent payment to the tribal heads / family heads /private land owners. Table 4: Status of Land Lease Payment on Yearly Basis with 5% Annual increment

S. Area Release of Amount on annual basis Description Remarks No (Acres) 2017 2018 2019 June 2020 Communal Land Paid to Khuga Khel 1 37.5 20,002,000 21,000,000 22,050,000 23,152,500 (Import/Export Terminal) Tribe Paid Rs 12,150,006 by cross cheque to each of followings, Private Land (Export 2 16.5 - - - 48,600,024 Mr. Mubarak Zeb Terminal) Mr. Zeb Khan MR. M. Aslam Mr. Ajeer Ullah Paid against 2.04 1,261,811- Private Land acres. 3 3.14 - - 1,846,686 (Passenger Terminal) Payment of 1.1 acre - is due in August. Total 57.14 20,002,000 21,000,000 23,896,686 73,014,335

5. Status of Compensation & Allowances of Structures

Compensation of Structures at Trade & Passenger Terminals

33. As per approved LARP, different type of 75 structures of 55 APs are impacted in Torkham BCP. PMU-FBR through AC Landi Kotal has disbursed compensation and allowances 52 APs (95%) out of 55 APs. Summary of impacted structures, numbers of APs and compensation & allowances (including vulnerability and livelihood) disbursement are described in the following table. Table 5: Status of Payment of Impacted Structures and APs as per Approved LARP Struct Total Payable Amount Amount Terminal Land (Acres) APs Status ures Amount Paid Unpaid 37.5 Communal 33 44 Fully Paid 50,163,317 2 2 - Fully Paid 16.5 Trade 4 5 65,939,642 8,477,287 Fully Paid Private 3 3 6,499,037 Unpaid Electric Poles 800,000 Unpaid Sub-total 42 54 65,939,642 58,640,604 7,299,037 5.32 Private/ Passenger 13 21 11,201,751 11,201,751 - Fully Paid Govt offices Total 59.32 55 75 77,141,393 69,842,356 7,299,037

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34. Unpaid amount Rs. 800,000/- is for shifting of poles which is paid by NLC out of Provisional Sum (PS). The below table summarizes the compensation and allowances disbursed to APs by AC office, according to type of land. The cost of land is excluded from below table for clarity. Table 6: Total Released and Disbursed Compensations and Allowances by Type of Land Area (Acres) Released Disbursed Type of Land %age Remarks / No. Amount Amount Structures Compensation Communal Land 37.5 12,105,174 12,105,174 100% Private Land 16.5 50,329,148 43,830,111 87.09 3 APs unpaid Private/Govt Land 5.32 11,021,751 11,021,751 100% Sub Total 73,456,073 66,957,036 Allowances and Compensation other than Structures Livelihood allowance 33 Nos 1,485,000 1,485,000 100% for Affected Employees Vulnerability Allowance 4 Nos 180,000 180,000 100% Affected Trees 38 Nos 1,220,320 1,220,320 100% Adjustment of Electric Amount paid by 8 Nos 800,000 - 0% Poles NLC out of PS Sub Total 3,685,320 2,885,320 Grand Total 77,141,393 69,842,356 91%

Return of Undisbursed Compensation Amount to AC Landi Kotal:

35. During the month of April 2020, PMU-FBR through AC office handed over payment of compensation and allowances amounting to Rs. 14,976,325/- to 02 land owners (nominees) for further disbursement to 7 APs for 8 structures existed on 7.75 acres out of total 16.5 acres land and livelihood allowances of 4 employees. Status of disbursed/undistributed amount to original 7 APs and 4 employees is given in table below. Table 7: Status of Disbursed/Undistributed Amount to Original APs by Land Owners

Due S.No APs Name Land Owner (Nominee) Status Remarks Amount 1 Janullah Weigh station M. Aslam S/O Feroz Khan 3,179,560 Fully Paid - 2 Haq Nawaz s/o M. Akram M. Aslam S/O Feroz Khan 461,104 Fully Paid - 3 Said AkramS/o Shamdar M. Aslam S/O Feroz Khan 877,216 Fully Paid - 4 Shaheen S/o Noor M. M. Aslam S/O Feroz Khan 45,000 Fully Paid - 5 Wahid Ali S/o Abdul Mutlab M. Aslam S/O Feroz Khan 45,000 Fully Paid - 6 Danullah s/o Shadi Khan M. Aslam S/O Feroz Khan 45,000 Fully Paid - 7 Naseer s/o Takhmo M. Aslam S/O Feroz Khan 45,000 Fully Paid - Mubarak Zeb S/O Alam 8 Irfan s/o Nadir Shah Shinwari 3,779,408 Fully Paid - Zeb Shinwari 9 Abdul Majeed S/o Said Aslam M. Aslam S/O Feroz Khan 213,000 Undisbursed Unreachable AP S.H Kareem s/o Sheikh Mubarak Zeb S/O Alam 10 5,860,037 Undisbursed APs are unwilling to Qazeer Zeb Shinwari receive amount for Mubarak Zeb S/O Alam 11 Abdullah S/o Sheikh Qazeer 426,000 Undisbursed no good reason. Zeb Shinwari Total 14,976,325

36. Mr. Mubarak Zeb S/O Alam Zeb Shinwari and Mr. M. Aslam S/O Feroz Khan (Nominees of APs) have returned the undisbursed compensation amounting to Rs. 6,499,037/- by 03 cross cheques to AC office. Payment of these 3 APs is on hold with AC

Page 11 of 51 Central Asia Regional Economic Cooperation (CAREC) Regional Improving Border Services (RIBS) Project- Torkham BCP First Semi-annual Social Monitoring Report (internal), January-July 2020 office for payment whenever APs are willing to receive the cheques or after the cases are settled in court / out of court (copy of returned cheques is provided at Annex 06)

Efforts to Persuade 2 Unwilling APs

37. Two APs refused to receive compensation of payment of their structures with no good reason. PMU-FBR through AC Landi Kotal made following efforts to persuade these 2 unwilling APs to receive their compensation.

Meetings and Jirgs

38. As per the local dynamics, the notices are generally given in a Jirga (council of elders) or through community representatives’ meetings at AC’s Office (if required). Office of the AC, Landi Kotal, served multiple notices through such Jirga’s and meetings to these APs for resolution of issue (if any) and receive compensation cheques. Although, they attended some of these meetings and keep on refusing to receive compensation cheques. (See copies of 02 MOMs by AC, Landi Kotal at Annex 7). Meeting of AC with APs at their residence 39. Ultimately, they have verbally claimed the ownership of land under their structure (vacant house) without any documentary evidences as a reason for refusal to receive compensation. Assistant Commissioner (AC), Landi Kotal has apprised during a meeting in his office on 22 July 2020 that these 2 APs’ claim of land ownership is baseless as till to-date, they have not provided any document. He also informed that these people just wanted to create undue hurdles against the implementation of such national importance project. He further updated that he is trying to resolve the issue through one to one and jirga negotiations (Copy of AC Landi Kotal is attached at Annex 8).

One Unreachable AP

40. During Covid-19 pandemic, business activities were suspended at border by the Federal Government. Many small kiosk/shop owners moved to their family villages /economically active area to get through this pandemic situation. AP (Abdul Majeed s/o Said Aslam) also moved back to his village. PMU-FBR through AC. Landi Kotal office is carrying out different measures (provided mobile number and his other acquaintances/ neighboring business operators) as formal requirement to reach/trace unpaid AP. In coming month, advertisement through local newspaper and local active social media pages will be uploaded for information dissemination. A banner will also be displayed in the business center (bazzar). AC, Landi Kotal office is hopeful that after these measures, AP (Abdul Majeed s/o Said Aslam) will be reached/traced soon and his compensation cheque will be disbursed.

Status of Clearance of 16.5 acres Private Land at Trade Terminal

41. Initially 16.5 acres of land was considered Army possessed land, for which Army issued NOC to FBR on 25 June 2018 but locals filed writ petitions in courts (claims of ownership). HQ 11 Corps (the local formation of Pakistan Army), on the directions of Military Operations Directorate, GHQ, Rawalpindi, helped in identifying the correct descendants of original land owners, based on revenue record, and facilitated a negotiation between FBR and them. Land

Page 12 of 51 Central Asia Regional Economic Cooperation (CAREC) Regional Improving Border Services (RIBS) Project- Torkham BCP First Semi-annual Social Monitoring Report (internal), January-July 2020 owners presented their final demands, especially the lease amount so issue was resolved and approved in a meeting by Project Steering Committee on 19 February 2020. MOU signed between 04 land owners and PMU-FBR as a result of meeting held between all concerned parties on 28 February 2020 at HQ 11 Corps. Now this 16.5 acres of land is recognized as private land. After demarcation and provision of relevant revenue record (Fard) by the 04 private land owners to PMU-FBR, land lease agreement signed between land owners and PMU-FBR on 01 March 2020. 42. PMU-FBR transferred compensation of all structures & allowances to AC office on 6 Nov. 2018 & 8 Feb. 2019. All APs received their compensation but 7 APs owning 8 structures existed on 7.75 acres out of total 16.5 acres land refused to receive their compensation. One of 7 APs also stopped his 4 employees working at Janullah Weigh Station to receive their livelihood allowances. Since then PMU-FBR through Civil Administration (Assistant Commissioner, Landi Kotal and Tehsildar, Torkham) made numerous efforts to make payment to these APs amicably but they kept on refusing to accept compensation. 43. After the resolution of land ownership issue, the land owners requested PMU-FBR to disburse payment through them as they are the owners of land and these APs of structures are their tenants. Therefore, during month of April 2020, PMU-FBR through AC office disbursed payment of compensation and allowance for 8 structures of 7 APs existed on 7.75 acres out of total 16.5 acres land along with livelihood allowances of 4 employees to 2 nominees (land owners) for further disbursement to these 7 APs and 4 employees. These nominees have further disbursed the pending payments to all APs and employees except 03 APs (see detail paid/unpaid APs in table 7). Numbers of meeting were convened by AC Landi Kotal to convince 02 refusing APs to received their compensation & allowances (pl see detail under heading 5.2). 44. As per the local dynamics, the notices are generally given in a Jirga (council of elders) or through community representatives’ meetings at AC’s Office (if required). The APs were given multiple notices through such Jirga’s and meetings by AC himself and during his field visits. AC Landi Kotal informed APs regarding vacation of site as he mentioned in one of his field visits report on 8 June 2020 along with Additional Assistant Commissioner, “the undersigned told the parties, that till the decision of the court, we will wait to process further into the matter” (Copy of AC field report is at Annex 9). On 22 June 2020, the court also dismissed the writ of Abdul Rahim for ownership of 16.5 acres land and vacated stay on this land (Annex 12). Therefore, as per agreement between PMU-FBR & land owners, 04 owners land were bound to hand over encumbrance free land to PMU-FBR. 45. The owners of land cleared land of all structures under the supervision of district administration & police to avoid any untoward incident on site. The 8 structures of 7 APs were demolished and area was cleared by the Civil Administration. The owners of structures took

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the salvage material for their reuse. The owners of land handed over the encumbrance free land to PMU-FBR.

6. Status of Complaints (Law Cases)

46. Affected Persons and locals filed 12 different writ petitions in the Civil & Session Courts, . Out of total 12 writs, 9 writs were regarding ownership of part of Army leased land (as considered previously) in import & export terminal against Torkham BCP project. Other 3 writs out of total 12 writs are not against project as 2 writs are relating to dispute between two owners of the petrol station and 1 writ is relating to the dispute of ownership of land between local tribes so these 03 writs are not against project. 47. Due to the exhaustive efforts of PMU-FBR, 2 writs were settled out of court. As a settlement a Memorandum of Understanding (MOU) was signed. According to the clause “f” of MOU signed on 28-2-2020 between PMU-FBR & 04 owner of 16.5 acres private land, “land owners to withdraw the cases and litigation from court/s and settle / withdraw all kind of petitions against FBR & NLC”. Resultantly, Mr. Ajeer Ullah (one of owners) filed withdrawn application of his writ and court accepted the same on 11 June 2020 (Annex 10). Haji M. Aslam (another land owner) has also submitted withdrawal application of his writ on 27 June 2020 along with permission to file fresh suit against other people claiming this property and court accepted the same on 21 July 2020 (Annex 11). 48. On 22 June 2020, Mr. Inam Ullah, Civil Judge II, Khyber dismissed writ filled by Abdul Rahim against project for ownership of 16.5 acres land and vacated stay (Annex 12). Additional Session Judge disposed 04 out of 12 writs as same were under trial in civil court. 49. Now practically, only 03 writs are under trial against project. Name of complainant, nature of writs and status is presented in the table below. Please see Annex 13 for detail to- date proceedings and status of writs. Table 8: Name of Complainant, nature of Writs and Status

S.No Complainants/Plaintiffs Nature of Writs Court Status/Remarks A: Cases against Project Haji M. Aslam etc Vs Federation of Ownership of Khasras. 1,3,4,9,17- Withdrawn by Plaintiff on 1 Pakistan 24,26,30,31 25 July 2020 Ownership of Khasras. 1, 9, 26 Civil Judge II, Stay vacated by Court 2 Abdul Rahim etc Vs Govt. of Pak.& Other measuring 132 K Civil Court, on 22 June 2020 3 Ghalib & others Vs Govt. of Pak. & others Ownership of Khasra No.26 (10K 2M) Khyber Civil Still under process 4 Noor Akbar etc Vs Govt. of Pak. & Others Ownership of Khasra No.9 and 26 Courts Still under process Ownership of 12 Kanal land in Withdrawn by Plaintiff on 5 Haji Ajeer Ullah Vs Haji M. Aslam & Govt. Khasra No.9 11 June 2020 Haji M. Aslam etc Vs Federation of Ownership of Khasras. 1,3,4,9,17- 6 Pakistan 24,26,30,31 Additional Session Disposed of as same Ownership of Khasras. 1, 9, 26 7 Abdul Rahim etc Vs Govt. of Pak.& Other Judge, cases were undertrial in measuring 132 K Khyber civil court. 8 Ghalib & others Vs Govt. of Pak. & others Ownership of Khasra No.26 (10K 2M) District Courts 9 Noor Akbar etc Vs Govt. of Pak. & Others Ownership of Khasra No.9 and 26 B: Cases Between Locals (not against Project) 1 Ayaz Khan Vs Shan Badshah & others Dispute on Petrol pump Still under process Civil Judge II, 2 Wazir Gul etc. Vs Shan Badshah compensation Still under process Civil Court, All 432 Kanal land belongs to tribe, 3 Haji Sharbat Vs Ghalib & Others Khyber Still under process magistrate 1970-71 decision.

7. Status of Addendum to LARP Implementation (Cement Road)

50. CSC prepared an addendum to LARP Torkham BCP for PMU-FBR to document the newly identified structures along cement road as these structures were not expected to be

Page 14 of 51 Central Asia Regional Economic Cooperation (CAREC) Regional Improving Border Services (RIBS) Project- Torkham BCP First Semi-annual Social Monitoring Report (internal), January-July 2020 impacted during LARP survey These structures have been considered because of the need arises during implementation of the project due to the widening of cement road and construction of retaining wall of nullah. Addendum to LARP is concurred by ADB on 25 September 2019. On 24 June 2020, PMU-FBR transferred an amount of Rs. 12,576,414/- to DC Khyber for further disbursement to APs along cement road as a payment of compensation & allowances of impacted structures (Annex 14). Till to date, no payment has been made but is expected to be disbursed by 31 October 2020. Information related to the number of APs, impacted structures and their compensation & allowance is given in the below table. Table 9: Summary of Impacted Structures and APs of Addendum to Torkham LARP Description of Impacted Structures Quantity Remarks Total Impacted Structures 28 Total no. of APs 27 Total compensation of Structures Rs. 7.031 million Total Allowances Rs. 5.545 million Total compensation of Addendum to Amount transferred to DC Rs. 12.576 million Torkham BCP LARP Khyber on 24-6-2020 51. During the month of February 2020, the process of payment was initiated through Assistant Commissioner (AC), Landi Kotal from already available undisbursed compensation amount after due procedure. But payment was postponed due to local Mashrans / elders’ intervention who made some demands. To resolve the issue of payment, jirga meeting was held on 11 February 2020 under chairmanship of AC, Landi Kotal. In jirga meeting, local Mashrans handed over their written demands. Following are the demands formally submitted by local Mashrans during Jirga meeting. a) Annual %age increment in the amount of Rs. 600/- per truck per annum. b) Demarcation of 432 Kanals land leased between FBR and Tribal community. c) Land under use of Custom, Tehsil Administration, NADRA and Cement Road should be leased with Tribal community. (Tribe is claiming ownerships of land under use by Govt offices at passenger terminal). d) Khuga Khel Tribe will give a solution for the payment of compensation of structures along cement road within a week time.

52. To resolve the issues of local Mashrans / elders, FBR shared the concerns of tribe for annual %age increment in the amount of Rs. 600/- per truck per annum with NLC Terminal operator on 14 April 2020. But NLC turned down the demand in the annual increment of truck fee per annum on 21 April 2020 with the reason that agreement signed with community does not allow any increment in parking fee. NLC further added that the community receives 5% annual increment in the lease rent by FBR. FBR also acknowledges that parking fee is paid from the terminal charges as paid by the vehicles. An increase is only possible if the terminal charges are increased which would cause an increase in cost of doing business. At the same time, the tribe will continue to benefit from higher parking fee as

Page 15 of 51 Central Asia Regional Economic Cooperation (CAREC) Regional Improving Border Services (RIBS) Project- Torkham BCP First Semi-annual Social Monitoring Report (internal), January-July 2020 a result of a prospective increase in the trade volume (i.e. the number of vehicles) due to construction of BCP at Torkham. 53. The other two demands for the lease arrangements of the govt. offices possessed land and cement road are based on ascertainment of ownership by AC office, Landi Kotal. FBR has already requested AC office on 6 March 2020 to ascertain the ownership of this land to resolve the issue. FBR has informed AC office through letter about the above stated status of demands of local Mashrans’ for onward sharing with locals and resolution of ascertainment issues on his end.

8. Section-by-Section Payment and Construction Approach

54. After approval of the LARP, PMU-FBR started disbursement of compensation process through Assistant Commissioner (AC), Landi Kotal. Due to different nature of ownership/ possession of land, PMU-FBR is disbursing compensations as per the land category. After External Monitor (EM) validation of 46.25 acres land at trade terminal and 5.32 acres land at passenger terminal, ADB issued NTP. Therefore, till to date, PMU-FBR handed over 46.25 acres land at trade terminal to contractor and 5.32 acres land at passenger terminal is under process of handing over. Rest of land is on hold until validation by EM and issuance of NTP by ADB. 55. Following is the detail to-date status of payment of compensation according to terminals/types of land, validation by external monitor (EM), ADB issuance of NTP and handing over /on hold of site.

Trade Terminal (54 Acres)

56. 37.5 Acres: Before commencement date of the project, lease agreement was executed between tribal heads & PMU-FBR and accordingly payment of land was made to the tribal heads and payment of compensation & allowances of structures was disbursed to the individual owners (APs) through AC Landi Kotal. This LAR impact free land was validated by EM. ADB issued Notice to Proceed (NTP). Later land handed over to NLC for construction on 20 March 2019. On 24 June 2020, PMU-FBR transferred payment amounting to Rs. 23,152,500 to DC Khyber for further disbursement to Khuga Khel tribe as current annual lease rent with 5% increment for 37.5 acres communal land. 57. 16.5 Acres: Initially 16.5 acres of land was considered Army possessed land, for which Army issued NOC to FBR on 25 June 2018. Locals filed writ petitions in courts (claims of ownership). This issue was resolved in the meeting of Project Steering Committee on 19 February 2020 and MOU signed between 04 land owners and PMU-FBR as a result of meeting held between all concerned parties on 28 February 2020 at HQ 11 Corps. Now this 16.5 acres of land is recognized as private land. After demarcation and provision of relevant revenue record (Fard) by the 04 private land owners to PMU-FBR, land lease agreement was signed between land owners and PMU-FBR on 01 March 2020. In the MOU, owners of land agreed with FBR to allow NLC to start construction activities in the best interest of project before payment of lease rent. 58. During month of April 2020, FBR through AC office made payment of compensation and allowance of 8 structures of 7 APs and 4 employees existed on 7.75 acres out of total 16.5 acres land. Now whole 16.5 acres land is LAR impact free. Out of total 16.5 acres, LAR

Page 16 of 51 Central Asia Regional Economic Cooperation (CAREC) Regional Improving Border Services (RIBS) Project- Torkham BCP First Semi-annual Social Monitoring Report (internal), January-July 2020 free 8.75 acres land (NTP already issued by ADB) was handed over to NLC on 27 September 2019. 59. On 23 June 2020, PMU-FBR disbursed current year annual lease rent payment of private land 16.5 acres amounting to Rs. 48,600,024/- to 04 owners namely, Mr. Mubarak Zeb, Mr. Zeb Khan, Mr. M. Aslam & Mr. Ajeer Ullah. The payment was made through cross cheque and share of each individual is Rs. 12,150,006/-. These 2 out of 4 private owners (as nominees) also received payment of structures on behalf of 7 APs and 4 employees which they were to further disbursed to original APs. These nominees have further disbursed the pending payments to all APs except 03 APs. Numbers of meeting were convened by AC Landi Kotal to convince 2 refusing APs to received their compensation & allowances and efforts are in progress to reach third AP, who has moved back to his family village due to Covid-19 pandemic business suspension. On 22 June 2020, the court also dismissed and vacated stay on this land. Therefore, 4 owners of this land have cleared land of all structures and handed over the encumbrance free land to PMU-FBR. This land is on hold. This LAR impact free land requires validation by EMA.

Passenger Terminal (5.32 Acres)

60. 3.14 Acres: 3.14 acres of private land was owned by 12 different families. Since this land was owned by different families therefore execution of lease agreement took longer time. Ultimately payment of compensation & allowances for structures of APs and lease rent payment disbursed. This LAR impact free land has already been validated by EM. EMR was sent to ADB for concurrence during February 2020 and later revised EMR was submitted on 9 May 2020. ADB concurred EMR on 11 May 2020 and issued Notice to Proceed (NTP) for whole passenger terminal 5.32 acres land on 14 May 2020. This land is under process of handing over to NLC. 61. On 24 June 2020, PMU-FBR transferred an amount Rs. 1,261,811/- to DC Khyber for further disbursement to land owners as current year annual lease rent with 5% increment for 2.04 acres private land out of 3.14 acres at passenger terminal. Current year annual lease rent with 5% increase for remaining 1.1 acres out of 3.14 acres is due in August 2020. 62. 2.18 Acres: Currently, 2.18 acres of land is under use of different government departments (NADRA, Tehsil Administration, Custom & Mosque). These offices need to be shifted to the transition buildings according to the project transition plan. Local Mashrans are claiming that this 2.18 acres of land is communal and demanded lease agreement to be made with them. PMU-FBR requested AC office on 6 March 2020 to ascertain ownership of 2.18 acres land possessed by govt. offices.

Cement Road (Addendum to LARP)

63. CSC prepared an addendum to document the newly impacted structures along cement road and submitted to PMU-FBR on 11 September 2019. After concurrence of ADB on 25 September 2019, payment process was initiated on 14 January 2020 but local Mashrans intervened and demanded a %age of compensation amount as a share for tribe and ownership of width of the cement road and Right of Way (ROW) between road and nullah. Due to controversial view point of Mashrans, AC Landi Kotal postponed the distribution of cheques to APs. AC office is in communication with local Mashrans to settle the issue amicably. FBR

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requested AC office to ascertain ownership of the cement road land. Therefore, this land is on hold till the resolution of issues and payment to APs. 64. Due to the above-mentioned reasons and background information, payment to all APs of structures and land lease rent payment was not possible in a single go therefore this section wise process is carried out. A linear map is prepared to show the LAR impact free areas (Annex 15). PMU-FBR is doing its best to make compensation to all APs.

9. Local Employment as a Livelihood Restoration Strategy

65. According to ADB SPS 2009, members of local communities are required to be employed by contractor as semi and unskilled workers as livelihood restoration strategy. A total of 71 semi & unskilled workers are employed by contractor (NLC) and sub-contractor of NLC. Out of total 71 semi & unskilled workers of NLC and sub-contractors, 55 workers are residents from neighboring communities (Annex 16).

10. Public Consultation & Information Disclosure

66. Public consultation & information disclosure is a continuous process throughout the project life cycle. Due to present Covid-19 pandemic, public consultations meetings in person are restricted but PMU-FBR field team and AC Landi Kotal office is using virtual consultation through given mobile numbers and WhatsApp. Locals and APs were updated regarding project information, complaint filling and resolution mechanism. Due to low literacy rate, other virtual means like emails is not useful.

11. Grievance Redress Mechanism (GRM)

67. To resolve the issues and complaints during implementation of project, Grievance Redress Committee (GRC) and Jirga Committee of Torkham BCP have been established which are functioning well so far. A community complaint management register (CCMR) is also placed at Torkham Tehsil office. During the reporting period, no new complaint received through community complaint register. 68. To date, in total 64 complaints received through community complaint register placed at Tehsil office, Torkham. All of these complaints were regarding payment of structures, land or privacy (“Chardar and Char Dewari”). These complaints were thoroughly reviewed and discussed with relevant stakeholders. PMU- FBR resolved 62 out of 64 complaints through Jirga and AC office. External Monitor verified resolution of these 62 complaints in his External Monitoring Report of July - December 2019. 69. During report period, only 02 are under resolution process. AC Landi Kotal is holding Jirga and one to one meeting with them to review their complaint and amicable resolution (a copy of AC letter is attached at Annex 17). To date summary of resolved/unresolved status of complaints is given in table below. Table 10: Status of Complaints and their Redressal

Sr. Complaint Complainant Nature of Complaints Action Taken Remarks No. No. As per the Complaints for non-payments of CSC and PMC social safeguard 1 1-54 Resolved CCMR compensation of structures experts and PMU’s representatives

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Sr. Complaint Complainant Nature of Complaints Action Taken Remarks No. No. The locals of Shamsher Kalay jointly started working since May also registered 5 complaints 2019 and resolved complaints in As per the relating to privacy (“Chadar and collaboration with the local 2 55-60 Resolved CCMR Char Dewari”) as a result of administrations of Torkham and future construction activities of Landi Kotal. Torkham BCP. Actually, his cost was merged with Mr. Najeeb His structures were not account Mr. Ghulam Yuddin assessment in 3 61 Ullah s/o for in the overall calculation of LARP. Complaint was settled by Resolved Abdul Wali structures assessment of LARP. C&W department by dividing into parts. Claimed for a less assessed Re-assessment was made by C&W Mr. Najeeb cost of his structures and department & forwarded to PMU HQ 4 62 Ullah s/o Resolved requested for reassessment of for an additional sum of Rs. 49,789/- Abdul Wali his structures. for his structures. Claimed a 5 Marla shop in trade He has no documentary evidence to terminal before clearing of the prove his claim. AC is holding 5 63 Rakhid Shah Unresolved area and demanded the meeting with complainant for payment of structure. resolution. Claimed a joint ownership of land in passenger terminal with Shah M. s/o Mr. Ahmad Nabi s/o Gul Nabi AC is investigating the record and 6 64 Unresolved Din M. who gave consent letter of the holding meetings. said land confirming ownership before agreement.

12. Conclusion

70. On the basis of the information provided in this report, following conclusions are made regarding full disbursement of compensation to APs and resolution of complaints. • As per LARP, out of total payable compensation Rs. 73.45 million, 66.75 million (91%) has been disbursed to 52 APs (95%) for 72 structures (96%). Only 3 APs (5%) owning 3 structures (4%) are unpaid. • For the payment of these unpaid 3 APs, PMU through AC Landi Kotal office is holding meetings and Jirgas to convince 2 unwilling APs to receive their compensation cheques as well as trying to reach 3rd unreachable AP at his given address, mobile number and through other acquaintances/ neighbour business operators as part of PMU’s exhaustive efforts and formal requirements. • PMU will further publish advertisement through local newspaper & local active social media pages and display of banner in the business centre (bazar) for information dissemination to reach/trace 01 unpaid AP. • Two locals have filled complaints through community complaint register. PMU through AC Landi Kotal is holding Jirga and one to one meeting with complainants to review their complaints and amicable resolution. • As per Addendum to LARP, total payable compensation amounting to Rs. 12.58 million is still undisbursed. After the ascertainment of land ownership of cement road and between road and nullah, payment of compensation will be disbursed to APs

13. Way Forward / Action Plan

71. In the table 11, till to date status of implementation of action plan for LARP and Addendum to LARP as proposed by external monitor (EM) in his last External Monitoring Report (EMR) June - December 2019 is presented. Efforts are being made to resolve pending payments of 3 unpaid APs. Please see detail of exhaustive efforts under heading no. 5.2 of main report. Resolution of complaint (if any) received from community directly or through

Page 19 of 51 Central Asia Regional Economic Cooperation (CAREC) Regional Improving Border Services (RIBS) Project- Torkham BCP First Semi-annual Social Monitoring Report (internal), January-July 2020 community complaint register will be resolved accordingly. Virtual (mobile phone, WhatsApp and social media pages) & physical community meetings (if possible) will be held to get feedback & complaints (if any).

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Table 11: Status of EM’s Proposed Action Plan for Implementation of LARP and Addendum to LARP

Action Action Taken by Additional Action S.NO Key Issues Timelines Responsibility Remarks Required PMU Needed - Payment of all unpaid APs is made except 3 APs. Numerous meetings are convened to convince 2 unwilling APs to receive compensation but Payment of Payment of they are refusing without any solid structures reason. Compensation compensation compensation has - Efforts are in progress to of affected to be paid to PMU will ensure the 31 March DC/AC (Landi been transferred to reach/trace third AP, who has moved 1 structures the unpaid APs disbursement of payment 2020 Kotal)/PIU/PMU/ the District back to his village during COVID-19 (residential & as per LARP to the unpaid APs. PSMC Administration for business suspension. commercial) and Addendum disbursement to - Payment of 3 unpaid APs is on hold to LARP. with AC office for later disbursement. APs. Compensation amount of APs of addendum has been transfer to DC Khyber and expected to be delivered by 31 October 2020. Payment of Payment of Livelihood livelihood Assistance/ PMU will ensure the 31 March DC/AC (Landi Livelihood assistance to allowances has disbursement of payment Livelihood allowances of 4 2 Assistance/ 2020 Kotal)/PIU/PMU/ remaining been provided to to the remaining unpaid employees have been paid. Allowance PSMC. unpaid 04 DC office for 04 employees. employees. disbursement to remaining 4 APs. GRM is PMU will monitor the functional and redressal of APs/ Virtual (mobile phone, WhatsApp Grievance The GRC has PIU/AC/PMU/ Redress redressing the community grievances Continuous and social media pages) & physical 3 already in place and PSMC/CLO Mechanism registered timely; and also ensure activity community meetings will be held to functional. NLC (GRM) grievances on proper maintaining of get feedback & complaints (if any). CCMR. record.

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Annex 1: List of APs and Structures of Approved LARP

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Annex 2: List of APs and Structures of Addendum to Approved LARP

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Annex 3: Transfer of Annual Lease rent of 37.5 Acres to DC Khyber

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Annex 4: Transfer of Annual Lease rent of 2.04 Acres to DC Khyber

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Annex 5: Copy of Cheques & Deposit slips of 16.5 acres land owners

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Annex 6: Copies of Returned Amount Cheques by Nominee to AC Office

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Annex 7: MOMs by AC with 2 Refusing APs to distribute payment cheque.

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Annex 8: Copy of AC Letter of Jirga Negotiations with 2 Unwilling APs

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Annex 9: Copy of AC, Landi Kotal Field Report

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Annex 10: Court withdrawl Order and Writ Withdrawl Application of Mr. Ajeer Ullah

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Annex 11: Court withdrawl Order and Writ Withdrawl Application of Mr. M. Aslam

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Annex 12: Court Dismissal and Vacation of Stay of Abdul Rahim Writ

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Annex 13: Brief to-date Status of Writs

S. No 1 2 3 4 5 6 7 8 Civil No. 517/1 167/1 297/1 286/1 284/1 285/1 129/6 156-6 Suit Court Inam Ullah Civil Judge – II Khyber No. /Judge Abdul Ghalib and Noor Ayaz Khan Wazir Gul Haji M. Haji Ajeer Haji Rahim etc Others Vs Akbar etc Vs Shan etc. Vs Aslam etc Vs Ullah Vs Haji Sharbat Title Vs Govt. Govt. of Vs Govt. Badshah & Shan Federation of M. Aslam & Vs Ghalib of Pak.& Pak. and of Pak. & others Badshah Pakistan Govt. & Others Other Others Others All 432 Ownership Kanal land Ownership of of Ownership Ownership Ownership of belongs to Dispute on Petrol pump Khasras. Khasras. of Khasra of Khasra 12 Kanal Claim tribe, compensation 1,3,4,9,17- 1, 9, 26 No.26 No.9 and land in magistrate 24,26,30,31 measuring (10K 2M) 26 Khasra No.9 1970-71 132 K decision. Date 05-Jul-19 10-Sep-19 30-Jul-19 - - Applicants requested for temporary injunction to Applicants requested for temporary Proceeding - Muharram withhold the injunction. Refused. Respondents are - - A Holiday compensation amount directed to present. with HBL. Granted. Date 02-Oct-19 05-Oct-19 2-Oct-19 - Proceeding - Respondents are directed 10/2/2019, 10/15/2019 & 10/25/2019 Adjourned. - - B to present. Files were forwarded to session judge. Date 15-Oct-19 15-Oct-19 31-Oct-19 14-Oct-19 - Respondents Status quo is FBR submitted Response Proceeding - from 1-7 are Record received from session judge, granted, not along waqalat nama and - C directed to put on file for 6/11/19. to interfere in authority letters. present suit property. Date 28-Oct-19 28-Oct-19 6-Nov-19 01-Nov-19 06-Nov-19 Respondents Fixed for Claimants request for CJ-III, on application of claimants, Respondents Proceeding - from 1-7 are arguments time for response forwarded cases to CJ-II. Fixed for are directed D directed to on next submission. Arguments on next date. to present present date. Date 18-Nov-19 20-Nov-19 Proceeding - No response submission Attendance. Remaining respondents for saman. E from claimants. Date 03-Dec-19 18-Dec-19 Response submission in Proceeding - 1 case, while grant time Attendance. Remaining respondents for saman. F in the other. Adjourned for arguments Date 20-Jan-20 17-Jan-20 Due to Lawyers strike, Proceeding - next date is fixed for Due to Lawyers strike, next date is fixed for proceedings. G proceedings. Date 17-Feb-20 15-Feb-20 Proceeding - Direction for attendance Notice in Mashriq newspaper to the non-respondents. H on next hearing. Date 22-Feb-20 Respondents requested Notice in Mashriq newspaper to the non-respondents to present and response Proceeding - I time for response submission. . submission. Date 28 -Mar-2020 28 -Mar-2020 - Public Holidays due to Coronavirus Date 25-July-20 22-Jun-20 11-Jun-2020 Dismissed Withdrawn Withdrawn Proceeding- J & Stay by Plaintiff by Plaintiff Vacated

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Annex 14: Transfer of Addendum Compensation to DC Khyber

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Annex 15: Linear Map of LAR free Area for Section-wise Payment

Passenger Terminal (3.14 Acres). LAR impact free area as Payment of structures to APs and land lease rent payment to family heads has been made. EMA validated ADB issued NTP. Under process of handing over

Passenger Terminal (2.18 Acres) Land under use of different Govt. Offices. Trade Terminal. LAR impact free area (37.5 Acres) as Ownership of land is being Payment of structures to APs and land lease rent ascertained from AC Office. payment to family heads has been made. EMA validated & ADB issued NTP. Land handed over to NLC

Cement Road: Addendum prepared and Trade Terminal. (16.5 Acres): concurred by ADB. No payment made so far. 8.75 Acres LAR impact free. Land on hold. EMA validated & ADB issued NTP. Land handed over to NLC

Trade Terminal (16.5 Acres). LAR impact free 7.75 acres, Lease rent paid, stay vacated by Court & land owners cleared land of all structures. Land on hold till validation and NTP.

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Annex 16: List of the Locals and other working with Contractor at Torkham BCP

Torkham/Khyber/Other Name of Company Designation/ Contact # Name Address/Village/Mohalla Agency /Sub Contractor Nature of Job number Khuga khel, near Collage Landi 1 Taj Muhammad District Khyber NLC Cook / helper - Kotal 2 Rahed Shah Bacha Meena Khuga khel District Khyber NLC Cook 03069839034 3 Neek Nawaz Station Landi Kotal Bacha Meena District Khyber NLC Mess Waiter 03062605858 4 Maqbool Hussain Village Ghani Khel Landi Kotal District Khyber NLC Driver 03009783619 5 Ahad Village Landi Kotal District Khyber NLC Driver 03022662320 6 Shakir Ullah Village Shalman Teh. Landi Kotal District Khyber NLC Driver 7 Arafat Village Ghali khel Landi Kotal District Khyber NLC Bacha Meena, Giyani, Station, 8 Abdul Rehman District Khyber Captain Traders Labor 03029061756 Tehsil Torkham, District Khyber. 9 Sadiq Muhammad Charbagh, Landi Khana, Torkham District Khyber Captain Traders Record Keeper 03329021343 10 Junaid Charbagh, Landi Khana, Torkham District Khyber Captain Traders Labor Village Charbagh, Landi Khana, 11 Muhammad Ishaq District Khyber Captain Traders Labor Tehsil Torkham 12 Ijaz Village Charbagh Landi Kotal District Khyber Tayyab Traders Labor 03319891621 13 Ihsan Ullah Village Charbagh Landi Kotal District Khyber Tayyab Traders Labor 03025950141 14 Shahzad Village Charbagh Landi Kotal District Khyber Tayyab Traders Labor 15 Shahbaz Village Charbagh Landi Kotal District Khyber Tayyab Traders Labor 16 Zarman Ullah Village Charbagh Landi Kotal District Khyber Tayyab Traders Labor 03005681132 17 Amjad Mosaki Bacha Meena District Khyber WKB/Subcontractor Labor NLC/ Through a security 18 Zahid Khan Lowee Shalman Landi Kotal District Khyber Security Guard 03329021691 company NLC/ Through a security 19 Muhammad Ullah Lowee Shalman Landi Kotal District Khyber Security Guard 03329562027 company 20 Rab Nawaz Rawa Kale Bara District Khyber Waleed Khan & Brother Chief Surveyor 03129817620 21 Amjad Khan Bacha Meena Torkham District Khyber Waleed Khan & Brother Survey Helper ---- 22 Mujahid Tehsil Landi Kotal District Khyber Waleed Khan & Brother Driver ---- 23 Wajid Ali Landi Kotal Sado Kheel District Khyber WKB Cook 24 Abdul Samad Village Maulana khan Soroyee District South Waziristan WKB Helper

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Torkham/Khyber/Other Name of Company Designation/ Contact # Name Address/Village/Mohalla Agency /Sub Contractor Nature of Job number 25 Shah Fahad Village Charbagh Torkham District Khyber WKB Labour 26 Khadem Village Charbagh Torkham District Khyber 27 Najeeb Ullah Peru Khel Bacha Mena Landikotal District Khyber Barki Laborer 03069166411 28 Abdul Karim Ash khel Landi Kotal District Khyber Barki Laborer 03060096599 29 Imran Bacha Mena Torkham District Khyber Barki Laborer 30 Ajmal Akram khel Landi Kotal District Khyber Barki Laborer 03479612211 31 Muhammad Umar Khuga khel Landi Kotal District Khyber Barki Laborer 03099686874 32 Mosam Akram khel Landi Kotal District Khyber Barki Laborer 03042285393 33 Modeer Said khel Landi Kotal District Khyber Barki Laborer 03032414931 34 Hekmat Ali Khuga khel Landi Kotal District Khyber Barki Laborer 03012085918 35 Ismaeel Khuga Khel Landi Kotal District Khyber Barki Laborer 03000246193 Abdul Karim Sherani & 36 Hakeem Shah Shinwari kam shalman Landi Kotal District Khyber Dumper Driver 03018971958 Brothers Abdul Karim Sherani & 37 Saleem Khan Shinwari Khuga khel Landi Kotal District Khyber Dumper Driver 03059264294 Brothers Abdul Karim Sherani & 38 Ibrahim Khuga khel Mohalla Ashraf khel District Khyber Dumper Driver 03018957164 Brothers Data khel Mohalla Khyber Landi Abdul Karim Sherani & 39 Shah Khalid District Khyber Dumper Driver Kotal Brothers Abdul Karim Sherani & Water Boozer 40 Jan Dad Khan Kokikhel Mena Khel District Khyber 03028961912 Brothers Driver Abdul Karim Sherani & 41 Khan Alam Mohalla Khuga Khel Landi Kotal District Khyber Car Driver 03008961912 Brothers Shinwari Mohalla pasad Khel Abdul Karim Sherani & 42 Liaqat Khan District Khyber Labor 03018861450 Landi Kotal Brothers Shinwari Mohalla Pasad khel Landi Abdul Karim Sherani & 43 Amir Khan District Khyber Labor 03029249775 Kotal Brothers Shinwari Mohalla pasad Khel Abdul Karim Sherani & 44 Aman Ullah District Khyber Labor 03029475075 Landi Kotal Brothers Abdul Karim Sherani & 45 Ajmal Khan Khuga khel Shinwari Landi Kotal District Khyber Survey Helper 03014118576 Brothers 46 Rehman Bacha Mena Torkham District Khyber Cap Stone Builders Labor 03018969812

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Torkham/Khyber/Other Name of Company Designation/ Contact # Name Address/Village/Mohalla Agency /Sub Contractor Nature of Job number 47 Anwar Bacha Mena Torkham District Khyber Cap Stone Builders Driver 03075001877 48 Waqas Bacha Mena Torkham District Khyber Cap Stone Builders Flag man 03049219278 49 Atif Wali khel Landi Kotal District Khyber Cap Stone Builders Forman 003018819171 50 Ghayur Ahmad Wali khel Tehsil Landi Kotal District Khyber Cap Stone Builders Site Supervisor 03038286063 51 Razi Gul Peero Khel Shinwari Landi Kotal District Khyber Cap Stone Builders Dumper Driver 03068617857 52 Rajab Gul Charbagh Torkham District Khyber Cap Stone Builders Dumper Driver 03022649480 53 Meraj Uddin Khuga khel Landi Kotal District Khyber Cap Stone Builders Dumper Driver 03028346162 54 Khafeer Ullah Bacha Mena Torkham District Khyber Cap Stone Builders Watchman 03015031524 55 Saif Ur Rehman Tehsil Ladha District Waziristan Waleed Khan & Brother Dumper Driver ---- 56 Atlas Khan Tehsil Ghulam Khan District N. Waziristan Waleed Khan & Brother Dumper Driver ---- 57 Hidayat Ullah Tehsil Tayarza District Waziristan Waleed Khan & Brother Dumper Driver ---- 58 M. Zaidan Tehsil Sarokey District Waziristan Waleed Khan & Brother Dumper Driver ---- 59 Said Alam Tehsil Sarogha District Waziristan Waleed Khan & Brother Dumper Driver ---- 60 Aslam Tehsil Sarokey District Waziristan Waleed Khan & Brother Dumper Driver ---- Village Dab Kor Tehsil Yaka 61 Sultan District Mohmand Al Fatah/Sub Contractor Cook Helper 0322 9883607 Ghund, District Mohmand. Village Mosaqi, Tehsil Dosali, 62 Fawad Alam District North Waziristan Al Fatah/Sub Contractor Labor 03028244956 District North Waziristan 63 Farhat Ullah South Waziristan South Waziristan Barki Admin 64 Badshah Ullah South Waziristan South Waziristan Barki Driver 65 Hazrat Umar South Waziristan South Waziristan Barki Ex Op 66 Javed Khan South Waziristan South Waziristan Barki Driver 67 Ahmad Wajan South Waziristan South Waziristan Barki Driver 68 Nizam Uddin South Waziristan South Waziristan Barki Driver 69 Aman Ullah South Waziristan South Waziristan Barki Driver 70 Inam Ullah Bacha Mena Torkham District Khyber NLC Gardner 71 Rajid Ali Bacha Mena Torkham District Khyber NLC Gardner

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Annex 17: Copy of AC Letter Regarding Resolution of Issues of LARP and Addendum

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Annex 18: Copy of PPT for Video Conference with ADB

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