ECONOMIC DEVELOPMENT AND RESEARCH CENTER
NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROGRAM TRANCHE 3 (Talin-Lanjik and Lanjik-Gyumri), SUBSECTION 4
IMPLEMENTATION OF LAND ACQUISITION AND RESETTLEMENT PLAN
COMPLIANCE REPORT
August 22, 2017 (revised on October 09, 2017)
NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
CONTENTS
I. Executive Summary ...... 4 II. Introduction ...... 6 a) Background ...... 6 b) LARP Objectives and Scope ...... 8 c) Legal Framework and Powers of Relocation Policy ...... 8 d) Monitoring and Evaluation ...... 10 III. EMA Methodology ...... 12 IV. LARP Implementation Procedures ...... 14 a) Institutional Framework and Management ...... 14 b) Public Consultations and APs Awareness ...... 15 c) Complaints & Grievance Redress Mechanism ...... 16 d) Process of Compensation Provision ...... 17 e) Expropriation and Measures Taken ...... 18 f) Legalization and Special Cases ...... 19 V. Determining the Actual Scope of the Impact ...... 21 a) Permanent Loss of Land and Impact on Land Users ...... 21 b) Impact on Crops and Trees ...... 23 c) Impact on Buildings/Structures and Movable Improvements ...... 24 d) Impact on Business and Employment ...... 25 e) Relocation ...... 25 f) Impact on Socially Vulnerable and Severe Impact ...... 25 VI. Assessment of Provided Compensation ...... 27 a) Compensation for the Loss of Land ...... 27 b) Compensation for Crops...... 28 c) Compensation for Buildings/Structures and Movable Improvements ...... 30 d) Compensation for Business and Employment ...... 31 e) Compensation Entitlements for Vulnerable groups ...... 33 f) Entitlements for the Cases of Severe Impact ...... 34 VII. LARP Implementation Budget ...... 36 VIII. Public Satisfaction ...... 40 IX. EMA Conclusion on LARP Implementation in Talin-Lanjik Section (ADB) ...... 44 X. EMA Conclusion on LARP Implementation in Lanjik-Gyumri Section (EIB) ...... 45 Appendix 1.The summary description of ongoing expropriation cases in T3 LARP 4th Subsection ...... 47 Appendix 2. Tranche 3 road scheme with LARP implementation status per 6 subsections ...... 49 Appendix 3. Description of impact and compensation changes during the LARP implementation of 4th subsection of Tranche 3 ...... 50 Appendix 4. Summary of LARP-completed sections of 4rd subsection as of October 09, 2017 ...... 56
Economic Development and Research Center, www.EDRC.am 2 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 List of acronyms
ADB Asian Development Bank AHs Affected Households AMD Armenian Dram AP Affected Person DMS Detailed Measurement Survey EDRC Economic Development and Research Center EIB European Investment Bank EMA External Monitoring Agency GoA Government of Armenia GFP Grievance Focal Person GRG Grievance Review Group GRM Grievance Redress Mechanism HH Household IC Implementing Consultant LARF Land Acquisition & Resettlement Framework LARP Land Acquisition & Resettlement Plan LSGBs Local Self- Governing Bodies MTCIT Ministry of Transport, Communication and Information Technologies NGO Non-Government Organization NSS National Statistical Service TPIO Transport Project Implementation Organization PC Public Consultation RA Republic of Armenia SNCO State Non-Commercial Organization SPS Safeguard Policy Statement T3 Tranche 3 North-South Road Corridor Investment Program
Economic Development and Research Center, www.EDRC.am 3 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 I. Executive Summary
• The present Compliance Report was developed based on the monitoring results of Tranche 3 Land Acquisition and Resettlement Plans (LARP) of North-South Road Corridor Investment Program (financed by the Asian Development Bank and European Investment Bank). • Tranche 3 covers Talin-Gyumri section with a total length of about 46.1 km: Talin-Lanjik section (km 71+500 - km 90+200) with total length of 18.7 km is financed by the Asian Development Bank (ADB), while Lanjik-Gyumri section (km 90+200 - km 117+670) with total length of 27.4 km – by the European Investment Bank (EIB). As a consequence, the Government of Armenia approved two different LARPs which, nevertheless, are based on the same principles and policy provisions. • Tranche 3 is implemented in 6 Subsections. To that end, compliance reviews under external monitoring activities (according to the ToR) also are implemented per subsections by breakdown per ADB and EIB sections. This report covers 4th Subsection of the Tranche 3 (km 74+020 – km 74+900, km 76+400 – km 77+400, km 105+465 – km 108+620, km 109+620 – km 111+600), including both ADB and EIB financed sections, meantime it is agreed that each financed party reviews and approves only the parts/sections of the Compliance Report which present the results of their financed section 1.Tranche 3 Subsection 4 impacts are both in ADB and EIB finances parts. Project impact area for ADB section covers 99 land plots in 3 rural communities (including 1 state, 37 community and 61 private land plots) with total area of 174,521 sq. m. There are 80 affected households (AHs), including 21 of them who are vulnerable. Also, there are 16 informal tenants. 10 AHs are severely affected (due to loss of 10% and more of productive assets) by the Project; 3 of them are vulnerable. • Project impact area for EIB section covers 182 land plots in 3 rural communities (including 8 state, 79 community and 95 private land plots) with total area of 329,202 sq. m. There are 148 affected households (AHs), including 25 of them who are vulnerable. Also, there are there are 7 leaseholders and 34 informal tenants. 61 AHs are severely affected (due to loss of 10% and more of productive assets) by the Project; 10 of them are vulnerable. • Crops, business/employment and buildings/structures are also affected. There were no cases of impact on trees, neither were relocation cases (no physical displacement). • Compliance review covered LARP implementation processes, determination of impact scope and assessment of provided compensation, as well as the initiation of expropriation cases. • Tranche 3 Subsection 4 LARPs implementation processes comply with defined provisions and policy requirements. In both sections, compensations for the permanent loss of land, as well as the project impact on business, buildings/structures and movable improvements comply with LARP provisions. • Corrective measures were proposed for Talin-Lanjik section of Subsection 4 (ADB) as compensation to vulnerable groups, as well as, compensation for the project severe impact were not in compliance with LARP provisions. In particular: 1 vulnerable AH was not paid Rehabilitation Allowance (AMD 330,000). 2 severely AHs were not paid the respective allowances (AMD 10,301 in total). As a result of corrective measures, implemented by the TPIO, additional compensation of AMD 340,301 (in total) was paid to 1 vulnerable AH and 2 severely AHs. • Corrective measures were also proposed for Lanjik-Gyumri section of Subsection 4 (EIB) as compensation to vulnerable groups, compensation for the project severe impact, impact on crops and employment loss were not in compliance with LARP provisions. In particular: 1 vulnerable AH was not paid Rehabilitation Allowance (AMD 330,000). 3 severely AHs were not paid the respective allowances (AMD 132,971 in
1 According to the LARP implementation action plan of Implementing Consultant, the implementation of LARPs for Talin-Lanjik (ADB) and Lanjik-Gyumri (EIB) sections are organized in parallel for all 6 subsections (each implementation subsection includes land-plots from both sections, except from the 6th subsection which includes land-plots only from EIB section). This approach is related to requirement to give a commencement to the Contractor for LAR- free sections in the same period both for Talin-Lanjik and Lanjik- Gyumri sections in accordance with Contracts of the Contractor. Thus, the Compliance Report includes the compliance reviews under external monitoring activities in each subsection both for Talin-Lanjik (ADB) and Lanjik-Gyumri (EIB) road sections presenting the monitoring results and conclusions separately per ADB and EIB sections.
Economic Development and Research Center, www.EDRC.am 4 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
total). Crop compensation for 3 AHs (Informal tenants, Lusakert) exceeded amount stipulated in LARP by AMD 24,789. 8 employees were not paid respective cash indemnities for the employment loss (AMD 4,080,000). As a result of corrective measures, implemented by the TPIO, additional compensation of AMD 4,542,971 (in total) was paid to 1 vulnerable AH, 3 severely AHs, and 8 employees, while AMD 24,789 was called back from 3 Informal tenant AHs .2 • Overall satisfaction from LARP implementation processes in Subsection 4 is ranked as sufficiently high. • As of the date of preparation of the current Report (August 22, 2017), 37 land plots still remain in the process of expropriation under Subsection 4, including 33 private land plots from ADB section and 4 private land plots from EIB section. There is no any residential structure or business relocation on these land plots. Lands are used for agricultural purposes as arable lands. The expropriation procedures initiated by the TPIO are in compliance with LARP provisions; however, for these 37 cases the LARP implementation will be considered as successfully completed and commencement can be given to the Contractor for that particular ongoing expropriation sections only when the court decisions on acquisition enter into force. The summary description of ongoing expropriation cases in T3 LARP 4th Subsection is presented in Appendix 1 and the scheme indicating the T3 LARP completed sections and sections with ongoing expropriation is presented in Appendix 2.
Thus, according to the external monitoring findings, and based on completion of corrective measures mentioned above, LARP implementation in the 4th Subsection of Talin-Lanjik (ADB financed) section is successfully completed and complies with defined provisions for 66 out of 99 land plots. Expropriation process is still ongoing for the remaining 33 private land plots. According to the external monitoring findings, and based on completion of corrective measures mentioned above, LARP implementation in the 4th Subsection of Lanjik-Gyumri (EIB financed) section is successfully completed and complies with defined provisions for 178 out of 182 land plots. Expropriation process is still ongoing for the remaining 4 private land plots.
*Since the preparation and review of this Compliance Report (CR), the main part of expropriation cases have already been completed (25 cases from the total 33 in ADB section and 3 cases from total 4 in EIB section), therefore the list of ongoing expropriation cases in Appendix 1 has been updated as of Oct 09, 2017; the Appendix 2 (the scheme of LARP implementation status per subsections) has also been updated accordingly. Besides, new Appendix 4 has been added with indication of LARP- completed sections which can be handed over to the Contractor after the CR is approved by ADB/EIB. The remaining data in this Report hasn’t been updated and is presented as of the date of preparation of the CR (Aug 22, 2017).
2 On August 18th, 2017, EMA received written confirmation from the TPIO on full implementation of suggested corrective measures.
Economic Development and Research Center, www.EDRC.am 5 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 II. Introduction a) Background
1. The Government of Armenia initiated the North-South Road Corridor Program (hereinafter – the Program). The North-South road corridor extends for 556 km, starting from Bavra near the Georgian border, lasting to Gyumri, Talin, Yerevan, Goris and Kapan, and ends in Meghri. Asian Development Bank (ADB) and the European Investment Bank (EIB) supported the RA Government in this initiative. In particular, the ADB has agreed to provide with a US$ 500 million Multi-Tranche Financing Facility, to finance the Program. Meanwhile, the EIB extended a loan of EUR 60 mln. The Ministry of Transport, Communication and Information Technologies (hereinafter - MTCIT) of Armenia is the Program Executive Agency, while the Transport Project implementation Organization SNCO (hereinafter - TPIO3) is the Implementing Agency of the Project. 2. The Program is implemented through several financing tranches. The Tranche 3 (T3) of the Program begins in Talin – km 71+500 – and ends near Gyumri (km 117+670). The objective of T3 is to build a 4- lane dual carriageway road along the existing M1 2-lane highway compliant to international standards between Talin and Gyumri section with total length of about 46.1 km (km 29+600 - 71+500). New alignment is envisaged for about 3.5 km section, and works for widening of the existing 2-lane road up to 4-lane road will be implemented for 42.6 km section. Figure 1. Tranche 3 Project Location a) Talin-Lanjik18.7km (km 71+500 - 90+200) b) Lanjik-Gyumri 27.4km (km 90+200 - 117+670)
3. The new alignment generally follows the trace of the existing highway in order to minimize overall impacts, but also includes bypasses around existing communities on green field alignments. Most of the acquired land is arable or pasture. It is intended to construct 9 transport junctions; 16 underground passes (including: 13 agricultural machinery crossings, 3 cattle crossings), 93 storm sewers, bridges and culverts. 4. Reconstruction and technical supervision of T3 Talin-Lanjik section (km 71+500 - km 90+200) with total length of 18.7 km is financed by the ADB (hereinafter – ADB section), while Lanjik-Gyumri section (km 90+200 - km 117+670) – by the EIB (hereinafter – EIB section).
3 The TPIO is the re-organized former “North-South Road Corridor Investment Project Organization” SNCO.
Economic Development and Research Center, www.EDRC.am 6 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
5. Construction works under T3 ADB and EIB sections require massive land acquisition and relocation. In Talin-Lanjik section, the new road will pass through 348 land plots of 5 rural communities, thus affecting 332 households (hereafter – Affected Households, AHs) or 1,544 affected persons (hereafter - APs), including landowners, leaseholders and informal tenants. The impact of road construction in T3 Lanjik- Gyumri section is even larger: 666 land plots in 9 rural communities and, as a consequence, 530 AHs or 2,677 APs4. Table 1.Impact of the Tranche 3 in all 6 Subsections (Planned under the LARPs) Total size of land N Section Communities, N Plots, N AHs, N Severely AHs, N APs, N takes (sq. m.) 1 Talin-Lanjik (ADB) 5 785,546.8 348 332 155 1,544 2 Lanjik-Gyumri (EIB) 9 1,243,054.6 666 530 274 2,677
6. Overall, T3 affects 12 rural communities in 2 Marzes of Armenia. In particular, the ADB section covers Talin, Akunq, Mastara communities in Aragatsotn Marz and Lanjik and Sarnaghbyur communities in Shirak Marz, while the EIB section – Lanjik, Sarnaghbyur, Dzorakap, Maralik, Hayrenyats, Horom, Lusakert, Beniamin and Azatan communities in Shirak Marz (see Table 2). 7. The Government of Armenia approved two separate Land Acquisition and Resettlement Plans (LARPs) for T3 Talin-Lanjik (ADB section) and Lanjik-Gyumri (EIB section). MTCIT and TPIO are responsible for the LARPs’ implementation. 8. T3 construction works are planned to be implemented in 6 subsections. Notably, each subsection includes both ADB and EIB sections, except from the 6th subsection which includes only EIB section. Construction works will be started only in areas where LARP implementation is fully completed. 9. T3 Subsection 4 LARPs cover areas next to Talin, Akunq, Mastara, Horom, Lusakent and Beniamin communities. Notably, Subsection 4 under T3 will cover an ADB subsection of 1.88 km (Talin, Akunq and Mastara communities) and a EIB subsection of 5.95 km (Horom, Lusakert and Beniamin communities) (see Tables 2 and 3). Table 2. LARP Sections, Subsections and Road Pickets for the Tranche 3 N Community Section Road PKs Subsection km 71+500 – km 74+020 5th 1 Talin Talin-Lanjik (ADB) km 74+020 – km 74+900 4th 2 Akunq Talin-Lanjik (ADB) km 74+020 – km 74+900 4th km 74+900 – km 76+400 5th km 76+400 – km 77+400 4th 3 Mastara Talin-Lanjik (ADB) km 77+400 – km 78+500 3rd km 78+500 – km 86+300 2nd Talin-Lanjik (ADB) km 89+000 – km 90+200 1st 4 Sarnaghbyur Lanjik-Gyumri (EIB) km 90+200 – km 91+440 1st Talin-Lanjik (ADB) km 86+300 – km 90+200 1st 5 Lanjik Lanjik-Gyumri (EIB) km 90+200 – km 92+030 1st km 92+030 – km 95+230 1st 6 Dzorakap Lanjik-Gyumri (EIB) km 95+230 – km 98+485 2nd km 97+700 – km 99+300 2nd 7 Maralik Lanjik-Gyumri (EIB) km 99+300 – km 100+500 3rd 8 Hayrenyats Lanjik-Gyumri (EIB) km 100+500 – km 104+670 3rd 9 Horom Lanjik-Gyumri (EIB) km 105+465 – km 107+165 4th km 107+165 – km 108+620 4th 10 Lusakert Lanjik-Gyumri (EIB) km 108+620 – km 109+620 5th km 109+620 – km 111+600 4th 11 Beniamin Lanjik-Gyumri (EIB) km 111+600 – km 111+900 6th 12 Azatan Lanjik-Gyumri (EIB) km 111+900 – km 117+670 6th
4 During respective LARP preparation, census was carried out in Talin-Lanjik section only with 239 AHs out of total 332 AHs (72%), while in Lanjik-Gyumri section - with only 430 AHs out of total 530 AHs (81%) since the AHs’ location was not feasible to identify; they moved abroad or other Marzes of Armenia. As a consequence, the number of APs is an estimate.
Economic Development and Research Center, www.EDRC.am 7 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Table 3. Subsection 4 of the Tranche 3
Section Community Road PKs Length, m km 74+020 – km 74+900 Talin-Lanjik (ADB) Talin, Akunq and Mastara 1,880 km 76+400 – km 77+400 km 105+465 – km 108+620 Lanjik-Gyumri (EIB) Horom, Lusakert and Beniamin 5,950 km 109+620 – km 111+600 b) LARP Objectives and Scope
10. Land Acquisition and Resettlement Plan (LARP) for Talin-Lanjik section was approved by the GoA in September 2015 (Decree N1196-N), while that of Lanjik-Gyumri – in January, 2016 (Decree N9-N). Both LARPs are available in Armenian and English at the TPIO web-site5. 11. The objective of T3 LARPs developed by the MTCIT and approved by the Government of Armenia is to identify and support the affected persons in order to restore their life quality and lifestyles and to bring them at least to respective pre-project levels. 12. The approved LARPs cover the rights of persons who were affected through temporary or permanent losses of land, living or other building/structure, crops and trees, income, business and employment, as well as contains relevant provisions on project severe impact, physical relocation, rehabilitation allowances, temporary and unforeseen impacts and compensations for improvements. LARPs also present the scope of community rights in the case of community/public property loss. 13. LARP for each section assess the Project impact and provides details on required compensation and restoration measures based on the final detailed road design under T3, Detailed Measurement Survey (DMS) for each affected land plot, Census of AHs6 and sample-bases Social-Economic Survey of AHs7. 14. Thus, relocation, compensation and livelihood restoration shall be implemented in accordance with the approved LARPs for two sections. 15. LARPs implementation both in Talin-Lanjik and Lanjik-Gyumri sections started on 29 July, 2015. From the perspective of external monitoring, LARP implementation completion date is the date of the last compensation payment or the date of transferring the respective compensation amounts to court deposit accounts in compliance with LARP provisions, however, for ongoing expropriation cases the LARP implementation will be considered as successfully completed when the court decisions on acquisition enter into force which will be certified by EMA in separate confirmation letter. In case the EMA reveals the need for corrective measures and recommends taking those measures, the date of an official letter by TPIO on Implemented corrective measures will be considered the actual LARP completion date. c) Legal Framework and Powers of Relocation Policy
16. The basis for resettlement planning and implementation is the RA Constitution and respective legislation derived from the Constitution. Since the Project is implemented in the framework of international agreements (loan agreements) with the ADB and EIB financing, the legal basis for Project implementation contains the clauses of these organizations on involuntary resettlement policies.
5 See http://northsouth.am 6 Census was carried out in Talin-Lanjik section only with 239 AHs out of total 332 AHs (72%), while in Lanjik-Gyumri section – with only 430 AHs out of total 530 AHs (81%) since the AHs’ location was not feasible to identify; they moved to abroad or other Marzes of Armenia. As a consequence, the number of APs is an estimate. 7 Social-economic parameters of AHs were collected through a sample-based Social-Economic Survey conducted with AHs. The sample size equalled 29% of the general population in the ADB section and 30.6% - in the EIB section.
Economic Development and Research Center, www.EDRC.am 8 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
17. Involuntary acquisition of property (for the society and public needs) in Armenia is feasible only in the case of GoA recognizing (by a Decree) it as exclusive prevailing public interest as prescribed by the legislation. The acquisition grounds, compensation procedures and other relevant provisions are defined by the RA Law on Property Alienation for the Public and State Needs. Notably, the Law covers properties of both physical and legal entities, as well as all property right objects that are owned by the communities (local governments). 18. The RA Law on Evaluation Procedure of Real Estate defines the bases for such activities in the RA and regulates the relations with respect to such type of activities. 19. According to the ADB Operational Manual (Operation Manual F1/OP (2013)), T3 is classified as a Category A project for involuntary resettlement safeguard: a project is considered significant if 200 or more persons will be physically relocated or lose 10% or more of their productive or income-generating assets. 20. Certain differences exist between the RA legislation and ADB policies (SPS – Safeguard Policy Statement 2009). In particular, ADB SPS envisages the right of compensation or at least restoration even in the cases when there is no property right on land plot, also for informal or non-registered inhabitants. RA legislation does not define recovery or compensation for the impact on those who use assets without legitimate use rights. 21. In all cases when the ADB SPS requirements are stricter than the RA legislation, requirements of ADB policies were applied. In order to overcome differences/gaps between the RA legislation and ADB policies, Land Acquisition and Resettlement Framework (LARF) was developed and adopted by the Government of Armenia8. 22. In preparing the LARPs MTCIT used as a model the Resettlement Safeguards under the Asian Development Bank (ADB) Safeguards Policy Statement (SPS 2009). This choice is motivated by the fact that the ADB policy has been already applied for the upgrade of other sections of the M1 Highway and by the intention to maintain similar operational standards in each section of the Highway under upgrade. The EIB agreed to implement the land acquisition and resettlement in EIB sections in accordance with ADB SPS (2009). 23. As a consequence, T3 LARPs are based on the LARF developed for the Project, respective Armenian legislation and regulations and ADB SPS (2009). 24. The evaluation of land plots and structures affected by the Project are based on the principle of replacement cost. 25. Thus, the following are eligible for compensation for project impact in compliance with Project LARF (2015 version)9: 1) For the loss of land – the land plot owners, legalizable persons, leaseholders or other property right holders (servitude, construction permit, loan, mortgage, use rights),10 2) For the loss of residential houses or structures on land plots – all AHs regardless of the rights towards the building/structure; relocated tenants, 3) For the loss of non-residential buildings or structures on land plots – owners, APs who constructed without a permit, relocated tenants only after proper legalization/registration of their rights towards the buildings/structures,
8 LARF was adopted in 2010, then revised in 2012 and 2015, and the final revised version adopted by the government in June, 2017, Government decree N 752-N. 9 As the final version of the LARF (as of 2017) has no retrospective power, it was not applied to the implementation of the 4th subsection, which has already been completed at that moment. Therefore the 4th subsection was implemented based on the provisions of the LARF 2015. 10 Informal tenants are entitled to compensation only for existing improvements on land.
Economic Development and Research Center, www.EDRC.am 9 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
4) For the loss of crops, trees and expected harvest - all AHs regardless of the rights towards the land or any other property right holder, 5) For the cases of loss of business – all APs regardless of the submission of a tax declaration, 6) For the loss of employment – persons working in affected businesses or hired by individual entrepreneurs (IE)based on an employment contract, 7) For the severe Project impact – All AHs/APs that lost more than 10% of agricultural land or were relocated, including those who do not have any residence status, 8) For the loss of public property – the community, 9) Rehabilitation Allowances – to all AHs below the poverty line, as well as headed by women, elderly or disabled, 10) Relocation Allowance – all APs (transportation expenses for relocation and living expenses), 11) For temporary impact – all APs, 12) For unforeseen impacts – all APs/AHs eligible for compensation, 13) For improvements – (not included in points above, but existing on the affected land plot (except for movable property)) – all APs that made improvements. Table 4.Calculation of Monetary Compensation for Land11
Compensation Entity/Person Calculation Private or Community Land plots Replacement cost +15% Legalizable land user Replacement cost +15% (after legalization7) Up to 1 year - (replacement cost +15%) * 0.05 Leaseholders (on community or state land Up to 15 years - (replacement cost +15%) * 0.14 plots) for the remaining years of lease Up to 25 years - (replacement cost +15%) * 0.20 25 years - (replacement cost +15%) * 0.25 Source: LARP
26. Compensation rights are limited by the cut-off date which is the date when the Description protocols on the acquired land are prepared (signing the Protocols by the APs, MTCIT and Acquirer)12. The Description protocols contain the data on Census, Detailed measurement survey (DMS) and Inventory of Assets. The cut-off date for the ADB section is April 27th, 2015 and for the EIB section - June 4th, 2015. d) Monitoring and Evaluation
27. LARP implementation is subject to both internal and external monitoring. Internal monitoring is carried out by the TPIO Resettlement Coordination Team. 28. Internal monitoring results for Talin-Lanjik section are summarized in Semi-annual Social Monitoring Reports (SSMR) and Quarterly Progress Reports (QPR) submitted to the ADB. 29. Internal monitoring results for Lanjik-Gyumri section are summarized in Environmental and Social Monitoring Semi-annual Reports (ESMSR) and Quarterly Progress Reports (QPR) submitted to the EIB.
11 The legalization process is the responsibility of the APs. APs not eligible for legalization or who use the affected land without the formal legal rights (actual user/informal tenant) will be compensated only for the improvements existing on the land. 12According to the Project’s LARF “No compensation is given for additional improvements made after the date of drawing up of the acquisition property description protocols, except in the cases provided by the Law and LARF.” However, for the following cases specified in the LARF, the cut-off date is different, particularly: (i) Cash compensation based on extent of the average month salary for 6 months will be provided to the workers permanently losing their job and working at least for 2 months before the Cut-off date, (ii) the AHs which will present relevant documents on their vulnerability before the date of land acquisition, they will be eligible to get rehabilitation allowance as vulnerable AHs, (iii) The AHs which have been legalized and become owners/property right holders during the LARP implementation, are also eligible to get rehabilitation allowance as vulnerable AHs in case of providing the relevant documents.
Economic Development and Research Center, www.EDRC.am 10 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
30. External monitoring is carried out by an External Monitoring Agency. It implies compliance review and preparation and submission of Compliance Reports for each subsection. 31. The objective of the external monitoring is to verify that the compensation program was implemented in compliance with the T3 LARF/LARP stipulations, and in adherence of the SPS and ADB guidelines (for Lanjik-Gyumri section – to the EIB Social Standards and Principles Statement and Involuntary Resettlement Guidelines), and with the satisfaction of the APs, as well as corrective measures and recommendations were presented if and when necessary. 32. This Final Compliance Report is a precondition to start of the physical civil works in respective subsections. 33. The “Economic Development and Research Center” (EDRC), which is an independent research institution specializing on public policy monitoring and evaluation13, served as an “External Monitoring Agency” (EMA) and carried out the External monitoring of the LARPs. 34. External monitoring review included various methods of quantitative and qualitative research. The next Section of the present Report covers the external monitoring methodology, while the subsequent Sections present the findings of external monitoring and main conclusions for T3 Subsection 4.
13 For details on the Center please visit www.EDRC.am.
Economic Development and Research Center, www.EDRC.am 11 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 III. EMA Methodology
35. The methodological basis for the Compliance Review was the approved EMA Inception Report. EMA has performed the full range of necessary activities stipulated by the methodology. Compliance review included mixed methods of quantitative and qualitative research. Desk reviews and field studies were carried out. 36. The EMA studied the approved LARF and LARPs, collected and collated necessary information, reviewed the project related documents (financial and non-financial), analyzed the existing databases, carried out a sample household survey, organized Key Informant Interviews and direct contacts with APs. 37. 3 main methods were used for data collection: • Database analyses and review of documents, • Key Informant Interviews, • Sample-based surveys of AHs.
38. During the desk reviews, the EDRC team collected and collated necessary data, studied and reviewed the financial and non-financial project documentation (including ADB SPS-2009 Manual, LARF, and LARPs), existing databases were analyzed. 39. During the performed desk reviews the following program documents were studied: • Description Protocols, including the description of the affected assets for each AP, i.e. description of land plots and crops/trees; description of structures/buildings and real estate; description of business and company; • Valuation Reports, with detailed representation of the results of assets subject to acquisition by licensed valuators; • Reports on Rehabilitation Allowance Size Determination, where licensed valuators present the calculation of rehabilitation allowances for Severe Project impact and Socially vulnerable APs/AHs; • Contracts on Acquisition of Property for Public and State Purposes, where together with all the required provisions lot-code, surface, compensation amount and bank account, and the person’s name (owner, leaseholder, informal tenant) are clearly mentioned; • Payment documents for the Property Acquisition Contracts and Agreements (Payment Agreements) indicating compensation objective, date, amount, bank account, person; • Internal Monitoring Reports: TPIO provided “Final Completion Report for the 4th Subsection of the LARP” prepared by Implementing Consultant. The Implementing Consultant (Millennium Development Ltd and Uptime Ltd Joint Venture) is responsible for full implementation of LARPs of Tranche 3, including the expropriation phase. • Other documents and datasets.
40. 30% of documents and profiles of APs in Subsection 4 were studied (randomly chosen). Nevertheless, in order to make sure that compensation had been paid to all APs, 100% of payment orders of APs in Subsection 4 were studied by the EMA. For all APs with cases being regulated through Expropriation measures, deposit transfer orders were checked which proves that the calculated compensation amount for land (and other assets) as well as respective allowances for all APs has been transferred to the court deposit account.
41. The existing databases were analyzed, as well as data on assets and relating documents and information on AHs/APs were compared /reconciled.
Economic Development and Research Center, www.EDRC.am 12 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
42. Existence of all contracts, agreements and payment orders were checked, moreover, data contained in them were checked for adequacy and compliance, in particular: i) signatures of all owners, ii) compliance of compensation and additional compensation amounts, iii) adequacy of bank accounts, iv) compliance of notary verification dates of documents (activities implementation) to the existing procedure (implementation schedule).
43. The process of public hearings and consultations as well as Grievance Redress mechanisms, institutional organization, compensation calculation and payment processes were studied in detail through desk survey and subjective perceptions of APs.
44. Key Informant Interviews with TPIO staff, officials and consultants, as well as LSGB representatives were carried out during monitoring.
45. 30% of all AHs in Subsection 4 communities were randomly selected. Statistical sample survey based on face-to-face interviews was carried out in these AHs by using the Compliance Review Survey Questionnaire (methodological details and questionnaire are presented in the EMA Inception Report). The data was input in a database and analyzed. Table 5 Sample of the Compliance Review Survey for the 4th Subsection of the Tranche 3 Sample, number of Section/Community All AHs selected AHs Talin-Lanjik (ADB) 79 25 Akunq 1 1 Talin 2 1 Mastara 76 23 Lanjik-Gyumri (EIB) 148 44 Beniamin 7 2 Lusakert 53 16 Horom 88 26 Total 227 69 Source: EDRC, 2017
46. Data and information collected from various sources were analyzed and collated: these allowed to evaluate the process, verify and cross-check the fact of compensation received, as well as identify existing problems and omissions. If necessary, the APs were directly contacted to make additional corrections. 47. The used methodology and the results of external monitoring allowed drawing conclusions on data accuracy, completeness and validity of APs and their assets, volumes of compensations and delivery process compliance and efficiency. 48. Relevant conclusions and recommendations were presented. Monitoring findings and results are presented in this Compliance Report.
Economic Development and Research Center, www.EDRC.am 13 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 IV. LARP Implementation Procedures a) Institutional Framework and Management
49. The institutional framework for the project includes a number of organizations and institutions with a detailed presentation of their role and scope of responsibilities provided in the LARP. The Project Governing Council consists of representatives of stakeholder ministries and headed by the Prime- Minister of RA, was established to oversee the Project and take the strategic decisions. The Ministry of Transport, Communication and Information Technologies (MTCIT) bears the complete and overall responsibility for the Project implementation. The MTCIT carries out its responsibilities through the North-South Road Corridor Transport Project Implementation Organization SNCO (the TPIO). The TPIO is the Implementing Agency of the Project and is responsible for the planning and implementation of Land acquisition and resettlement. 50. The Project institutional framework also includes RA Government authorities (relevant ministries, regional administrations/Marzpetarans and State Committee of Real Estate Cadastre), LSGBs, Consultants, Grievance Redress Committee, as well as ADB and EIB. 51. T3 design works are implemented by the French Egis International, while the Construction contractor is the Sinohydro Corporation from China. 52. Spea Ingegneria Europea S.p.A. and IRD Engineering S.r.L. consortium from Italy is the Consultant carrying out the technical supervision of construction works. They are responsible for the technical supervision of construction works and shall guarantee compliance thereof to the approved Project design, if and when necessary submit recommendations on design solutions, ensure the social and environmental compliance and submit reports on the listed aspects during the entire duration of construction works. 53. LARP Implementing Consultant (Millennium Development Ltd and Uptime Ltd Joint Venture) is responsible for full implementation of LARPs in Talin-Lanjik and Lanjik-Gyumri sections, including the expropriation phase. The Implementing Consultant has a team of specialists within its structure, which is responsible for the actions in relation to acquisition of new affected land plots and changed impacts due to any potential changes during the LARP implementation and design changes (measurement, evaluation etc.). The Implementing Consultant shall submit Monthly Reports and a Final Completion Report for each LARP subsection. 54. The TPIO has established a Resettlement Coordination Team14 within its structure which is responsible for the coordination of Implementing Consultant’s activities and submission of Internal Monitoring Reports on LARP implementation, as well as Semi-Annual Environmental and Social Monitoring Reports and Quarterly Progress Reports. Key Findings Thus, the Institutional framework and management of LARPs implementation in T3 Subsection 4 comply with the LARP provisions.
14 Includes the following specialists and consultants 1) Legal and External Impact Officer, 2) External Impact and Resettlement Coordinator, 3) Social Development and Resettlement Specialist, 4) Environmental and Archaeological Specialist, 5) Senior Lawyer Claim and Dispute Management Specialist, 6) National Field Works Coordinator (consultant) and 7) LAR Legal Specialist (Consultant).
Economic Development and Research Center, www.EDRC.am 14 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 b) Public Consultations and APs Awareness
55. Public consultations and awareness raising process started before the LARP implementation. Particularly, awareness raising and public consultations were held on 19-21 February, 2014 in Talin- Lanjik section, and on 19 February-31 October, 2014 – in Lanjik-Gyumri section.
56. TPIO Social impact and resettlement specialist participated in those public hearings, together with National consultant on social development and resettlement for LARP preparation, Roads and bridges specialist, Senior lawyer and dispute management specialist, as well as representatives of LARP preparation consultant employed by ADB – Appraisal society CJSC. 57. During consultations, APs were familiarized with LARP process organization and implementation course, stages, rights and responsibilities of APs, principles of compensation calculation; grievance redress mechanisms were explained and monitoring process was presented. Information leaflets on main phases of Project implementation and Project Information Brochure were disseminated among APs. The main issues raised by APs during the PCs were mainly related with the LARP entitlement matrix and compensation mechanisms, valuation methodology for different types of losses, legalization and cadastral issues, as well as with the rights and possibilities of APs during the different stages of LARP implementation. The desk analysis of LARP content, as well as information leaflets and notifications provided to APs by TPIO show that the issues raised by APs during the PCs have been properly met and addressed by TPIO in prepared LARP and/or during its implementation. 58. Public hearings were organized in venues easily accessible to APs, such as LSGB premises, culture centres. LSGB heads in all affected communities were officially notified on the public consultations implementation schedule and agenda. LSGB heads assisted in notifying the APs. The lists of APs were provided to the LSGB heads beforehand in order to ensure APs’ or their attorneys’ participation. Special attention was paid to the participation of women and vulnerable APs, lists of which also were provided to LSGB Heads beforehand. Announcements on public consultations were also placed in the Project website. 59. Consultation and assistance were given to APs in all legal and organizational issues on day to day basis during whole Implementation process. In case of deceased owners: the issue of heritage right recognition and right registration was regulated. In case of absence of the owner from the country, the provision of power of attorneys was regulated, etc. 60. Actions taken as part of dissemination of information included the followings: • Notification of APs in accordance with the legislation: (i) provision of notification on recognizing the prevailing public interest, (ii) land plot layout, (iii) Description Protocol, (iv) draft Acquisition Contract, (v) provision of notification on depositing the amount of payment, • Development and dissemination of information leaflets (includes information of the rights and responsibilities of parties, compensation calculation principles, process of signing the contract and receiving compensation, acquisition process thought depositing the compensation amount, as well as grievance redress mechanism), • Publication and dissemination of Project Information Brochure15, • Publication of draft and final LARF and final LARPs16. 61. The abovementioned information was obtained and verified through: (i) desk review activities, based on analysis of the following documents: the LARPs for the respective sections, including minutes of all public consultations, as well as the Implementing Consultant's “Completion Report on T3 LARP 4th Subsection”; (ii) EMA Compliance review survey findings: According to the survey, 69.6% of all AHs were informed
15http://northsouth.am/am/publications 16http://northsouth.am/am/categories/show/112
Economic Development and Research Center, www.EDRC.am 15 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
about the Public Hearing and Consultation events organized in their communities. 79% of informed AHs participated in Public Hearings and Consultations; 26.3% of them considered the process very useful. All AHs confirmed they had been officially notified on compensation amount and principles; data on Detailed Measurement Survey and impact assessments were sent via mail (Description Protocols, maps etc.). Compliance Survey findings are presented in Section VIII “Public Satisfaction”. Key findings In T3 Subsection 4 Public consultation and awareness processes comply with the LARP provisions. c) Complaints & Grievance Redress Mechanism 62. For effective and prompt resolution of disagreements and grievances regarding the LARP implementation a Grievance redress mechanism (GRM) has been developed and presented during public consultations. It is also presented in the Project information brochure. The TPIO, Grievance Review Group (GRG) and the authorized government agency (MTCIT) were involved in the Grievance Redress mechanism. 63. The grievance mechanism comprises of three stages: • At the initial stage an attempt is made to resolve grievances at the TPIO level. APs can submit grievances/ complaints to LSGBs or Grievance Focal Person (GFP). The GFP is the Implementing Consultant team member coordinating grievances who accepts written grievances/complaint in accordance with time schedule developed in advance. The information on the GFP and on GRM in general is included in the LARP Information brochure, which is distributed to APs upon start of implementation. The implementation is divided among the IC specialists per communities, thus 1 or 2 persons nominated are almost permanently available in communities during the implementation. Besides, the contacts of the person from the IC as well as TPIO respective specialists are included in the information leaflet notified to APs together with draft contracts in order to be available on daily basis. At LSGBs, grievances were received by an authorized staff member of LSGB who later hand over the collected written grievances to the GFP. Both LSGBs Office and GFP are responsible to collect/register and forward to TPIO the complaints/requests/claims of APs with all required documentation, maximum within 5 days after receiving them. Nevertheless, the above mentioned access points do not limit the citizen’s right to submit their grievances/requests/claims directly to TPIO and/or MTCIT. The TPIO records them and studies the written grievances and notifies on the results in writing the APs (within 30 days of receiving the grievance). If the grievance continues, the grievance/complaint is filed with and discussed in the Grievance Review Group, where community and NGO representatives can be also included. Based on the GRG decision, the TPIO notifies the AP on the results - within 30 days of receiving the grievance. The information on the establishment of GRG for each case (when needed) is disclosed in TPIO’s website, as well as relevant information is given to the AP and community prior the GRG establishment, thus every interested NGO can be involved in GRG presenting such request. However, there was no such precedent during the implementation of the 4th Subsection. • In the second stage (MTCIT level), if the grievance resolution fails at GRG level, the AP presents the grievance to the MTCIT. MTCIT, within 30 days of receiving the grievance, notifies the AP in writing. • In the third stage, when all previous stages failed, the AP takes the case to the court. Overall, the AP has the right to take the case to the court at any stage of GRM – in order to solve their problem/complaint. 64. To assess the Grievance redress process, the EMA reviewed and studied all submitted Complaints under Subsection 4.
Economic Development and Research Center, www.EDRC.am 16 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
65. In total 7 written applications (grievances) were received under Subsection 4 LARP implementation, of which 2 in Talin-Lanjik section and 5 in Lanjik-Gyumri section. All applications were submitted to the TPIO. 3 of 5 applications in Lanjik-Gyumri were submitted by the same AP (Horom 08-067-0112-0001). From the submitted complaints 3 were solved in favour of APs – within the set time limits (1 in EIB section and 2 in ADB). 66. Three applications from the same AP in Lanjik-Gyumri section (Horom community, temporary affected business (Gas Station)) were related to the demand of AP to acquire the whole land instead of the affected part due to inconvenience of further usage of commercial land by its target purpose. The application was not satisfied as the demand for the acquisition of whole land should be presented within the timelines set by the Eminent Domain Law 17. The application was submitted 2 years later than the set deadline for submitting a complaint (the deadline, defined according to the Eminent Domain Law (Article 5), was January 2015, meanwhile the application was submitted by AP in February 22, 2017) though the APs received the notification and attached information leaflet in December 2014 (within 7 days after the GD on Eminent Domain enters into force). The land is under ongoing expropriation due to disagreement of AP; the TPIO is now negotiating with the AP to find mutually acceptable solution. (See also Appendix 1, case 4 under EIB section). 67. One application was related to the demand of AP to provide him with the compensation for the illegal residential house (Lusakert 08-048-0111-0100), which was not inhabited during the LARP preparation. The TPIO has satisfied the application based on implemented due diligence and the AP was paid the compensation for the illegal residential house. 68. The other 3 applications were related to the demand of APs to provide them with vulnerability allowance as poor vulnerable AHs. Based on the presented documents 2 AHs from Mastara community (Talin-Lanjik section) were categorized as vulnerable and received Rehabilitation Allowances in accordance with LARP provisions, while 1 application (Lanjik-Gyumri section) was rejected due to lack of legal grounds. Key Findings Grievance Redress Mechanism and the Grievance Review Group have been put in place. The APs were informed about the grievance mechanisms during public consultations. Information on GRM is also available in the Project Information Brochure. Under Subsection 4 LARP implementation 2 written applications were received in Talin-Lanjik and 5 in Lanjik- Gyumri sections under Subsection 4 LARP implementation. All grievances were adequately dealt with. Taking into account the results of the desk reviews and interviews, EMA concludes that Grievance Redress Mechanism procedures are adequate and taken decision/solutions are proper. d) Process of Compensation Provision 69. Payment of compensation is due to be made within 14 days of signing acquisition contracts. The amounts have to be transferred to the bank accounts of APs. According to the LARP provisions, if an AP does not have a bank account, the bank account should be opened for him/her under the Project. As AraratBank OJSC proposed the most favourable terms and conditions (geographical location and absence
17 According to the Eminent Domain Law (Article 5), if a part of the property is alienated, the owner may demand that the non-alienated part is also alienated. The owner may present such a demand within two months after the eminent domain government decree on approving the exceptional prioritized public interest becomes effective. All APs have been provided with proper consultation and notification with provision of information leaflet on their rights (the deadline of submission of demand was also notified to APs). However, the AP was consulted, that he can apply to court to restore his right in order defined by RA legislation.
Economic Development and Research Center, www.EDRC.am 17 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
of transaction charges), it was selected for T3 compensation payment18. At the same time, APs used their accounts as well, on request. 70. Actual compensation was provided within the defined time frame via direct transfer to bank accounts of APs opened by the project. The last transfer under the compensation process was made in March, 2017. Taking into account the implementation of Corrective measures proposed by the EMA, the last transfer was made on the 17th of August, 2017.
71. In case of 37 land plots, the acquisition contracts haven’t been signed in defined timeframe (3 months after notification of draft acquisition contract) due to several reasons (land under arrest, inheritance issues, absent APs, etc.), therefore for these cases the expropriation procedures have been initiated in accordance with the provisions of the RA Law on Alienation of Property for Public and State Needs (for more details on Expropriation cases and procedures, please see "Expropriation and Measures Taken" Section). In such cases, transfer of the amount of entitled compensation per each AP in accordance with LARP to deposit accounts of courts is considered as initiation of compensation payment in compliance with LARP provisions, meanwhile for ongoing expropriation cases the LARP implementation will be considered as successfully completed when the court decisions on acquisition enter into force.
72. During the external monitoring activities the EMA identified that 3 AHs from ADB section, 5 AHs and 8 employees (APs) from EIB section were not properly compensated during the implementation process: to this end the TPIO implemented Corrective measures (see Section VI “Assessment of Provided Compensation” Subsections (b) Compensation on Crops, (d) Compensation for Business and Employment, (e) Compensation Entitlements for Vulnerable groups, (f) Entitlements for the Cases of Severe Impact). For all other cases, the compensation process complies with LARP provisions. 73. According to the EMA Compliance Survey findings, only 1 AH, representing 1.4% of interviewed 69 AHs (or 2% of compensated 48 AHs19) was dissatisfied or very dissatisfied with payment process . Compliance Survey findings are presented in Section VIII “Public Satisfaction”. Key findings The compensation process to APs under T3 Subsection 4 complies with the provisions of LARPs. For 37 ongoing expropriation cases with deposited compensation amount the LARP compensation process will be considered as fully completed when the court decisions on acquisition enter into force. e) Expropriation and Measures Taken 74. For all those cases when, due to disagreement of APs or any other objective circumstances, the acquisition contract has not been signed within 3 months of notification on the draft acquisition contract, the TPIO initiated acquisition through court decision (expropriation) processes in accordance with the RA Law on Alienation of Property for Public and State Needs. In particular, (i) compensation amount defined according to the LARP per each AP was deposited at the court’s account, (ii) thereafter, if the contract is not signed within 7 days, the TPIO applies to the court with the objective to acquire the
18 The "Araratbank” has been selected as a commercial bank providing the best conditions for proper payment of compensation to APs with the following terms: a) the availability of branches in Ashtarak and Talin of Aragatsotn Marz, as well as in Gyumri, Shirak Marz; b)Lack of transaction fees and not application of the transaction fees towards the transferred compensation payments and account service of APs; c)Provision of easy and flexible compensation system for APs (subaccounts opening opportunity etc.), d) APs service convenience (geographical location and low transaction fees / and lack of such fees). The "Araratbank” is the same bank which was selected for the implementation of Tranche 2 LARP (Ashtarak-Talin). 19 21 of 69 interviewed AHs have not been compensated yet (o/w 2 from EIB and 19 from ADB section, whose compensation will be completed through the Expropriation processes). Only the AHs who were already compensated were given the question. 20 According to the AH, the nearest branch of the bank is geographically not convenient for him i.e. far from the community he lives in. The mentioned AH lives in Akunq community and he received the compensation in Gyumri.
Economic Development and Research Center, www.EDRC.am 18 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
property within a month’s period. Once the decision of the court on compensation amount for the acquired property is effective, the property is considered acquired with the amount of compensation as defined by the court. In cases of acquisition through court proceeding, the rights of the previous owner towards the property are terminated.
75. According to the EMA data, 37 land plots are in the process of expropriation under Subsection 4 as of the date of preparing the present Report. All land plots are private, of which 33 land plots from ADB section and 4 land plots from EIB section. There is no any residential or business relocates on these land plots. Lands are used for agricultural purposes as arable lands, besides the one in Lanjik-Gyumri section which is a temporary affected business (gas station in Horom community). The breakdown of initiated expropriation cases with categorization of expropriation reasons are presented in the table 6 below. Summary description of ongoing expropriation cases in the 4th Subsection of T3 LARPs is presented in Appendix 1. The scheme indicating the T3 LAR completed sections and sections with ongoing expropriation is presented in Appendix 2. Table 6. Number of initiated expropriation cases with categorization of expropriation reasons (Subsection 4) Number of cases Number of cases o/w o/w Severe o/w o/w Severe N Case’s expropriation reason ADB Vulnerable impact EIB Vulnerable impact (Plots, N) (Plots, N) (Plots, N) (Plots, N) 1 Property under arrest 12 4 - 1 - 1 2 Inheritance issue 7 1 1 2 - 1 3 Absent APs (Power of attorney) 10 3 1 - - - 4 Absent/Unidentified AP(s) and inheritance issue 3 - - - - - 5 Disagreement with the amount of compensation21 1 - - 1 - - Total 33 8 2 4 - 2 Key findings 37 land plots are in the process of expropriation under Subsection 4, of which 33 land plots from ADB section and 4 land plots from EIB section. There is no any residential or business relocates on these land plots. Lands are used for agricultural purposes as arable lands, besides one temporary affected gas station. Expropriation is undertaken according to the RA Law on Alienation of Property for Public and State Needs. The initiation of the expropriation process complies with the LARP provisions. f) Legalization and Special Cases 76. In accordance with the Legalization Conditions of LARF, all those persons that do not have appropriate official documents verifying their ownership or any other property rights toward the affected land plot and structure/building attached to it, however do have certain legal expectations (arising from the Law or actual use and disposal of the property, or possibilities to obtain property rights are directly derived or are defined in the legislation of RA), shall obtain legal status.
77. Taking into account T2 experience, T3 LARPs identified the main types of legalization cases and presented specific procedures of dealing with such cases. Those are: absent APs, cases with passport and heritage recognition problems, (state) registration of ownership titles, property under arrest, illegal non- residential structures and unknown (unidentified) owners, verification of translation of powers of attorney, as well as visit of notary outside the office when AP is physically unable to visit the notary's office.
21 This case was taken through the GRM. It was not satisfied as it was submitted 2 years later than the deadline, defined according to the Eminent Domain Law (Article 5). For more details on this case, please see para 66 under Subsection (c) Complaints & Grievance Redress Mechanism, as well as Appendix 1, case 4 under EIB section.
Economic Development and Research Center, www.EDRC.am 19 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
78. The following legalization actions were implemented for 4 land plots in Talin-Lanjik section of Subsection 4: (i) notary verification of translation of powers of attorney for AHs on 3 land plots; (ii) heritage recognition for 1 land plots. 79. The following legalization actions were implemented for 7 land plots in Lanjik-Gyumri section of Subsection 4: (i) notary verification of translation of powers of attorney for AHs on 5 land plots; (ii) visits of a notary outside the notary’s office for 3 land plots – to sign the contract (in cases, when the land- owner was physically unable to visit the notary’s office). Key findings Legalization actions, which were implemented for 11 land plots under Subsection 4 (4 land plots from ADB section and 7 land plots from EIB section), can be considered as compliant with the LARF/LARP provisions22.
22 9 out of 11 land plots have been acquired and respective compensation was paid to APs and Talin community. The remaining 2 private land plots (2 AHs) are subject to expropriation in Talin-Lanjik (ADB) section (Mastara community, lot-codes 02-069-0347-0020 and 02-069-0347-0054). Circumstances of the expropriation are related to the AP’s inheritance right registration as the owners of the respective plots are unidentified/unknown by the cadaster. (For more details on these cases, please see Appendix 1, cases 11 and 33 under ADB section).
Economic Development and Research Center, www.EDRC.am 20 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 V. Determining the Actual Scope of the Impact23 a) Permanent Loss of Land and Impact on Land Users
80. As per the approved LARPs, the scope of Project impact under the Subsection 4 entailed 281 land plots both in ADB and EIB sections (including 8 state-owned, 117 community and 156 private plots) with total size of land take for project needs 503,180 sq. m, which makes about 25% of total impact area under T3 (or 28% of land plots). Table 7. Affected Land plots and Affected Land users in the 4th Subsection Item: Plots, Area, AHs, Leaseholder Informal Permanent loss of land N sq. m. N AHs, N Tenant AHs, N 1 2 3 4 4.1 4.2 Total 4th Subsection a. Planned under LARP 281 503,180 235 7 53 State land 8 8,382 0 0 0 Community land 117 408,794 15 7 8 Private land 156 86,004 220 0 45 b. Implementation tallies 281 503,723 227 7 50 State land 9 15,183 0 0 0 Community land 116 379,046 15 7 8 Private land 156 109,494 212 0 42 Difference (b-a) 0 543 -8 0 -3 State land 1 6,801 0 0 0 Community land -1 -29,748 0 0 0 Private land 0 23,490 -8 0 -3 Talin-Lanjik (ADB) a. Planned under LARP 99 174,475 80 0 16 Akunq 7 18,208 1 0 0 Talin 22 104,998 2 0 1 Mastara 70 51,269 77 0 15 b. Implementation tallies 99 174,521 79 0 16 Akunq 7 18,208 1 0 0 Talin 22 105,044 2 0 1 Mastara 70 51,269 76 0 15 Difference (b-a) 0 46 -1 0 0 Akunq 0 0 0 0 0 Talin 0 46 0 0 0 Mastara 0 0 -1 0 0 Lanjik-Gyumri (EIB) a. Planned under LARP 182 328,705 155 7 37 Beniamin 34 82,197 7 2 3 Lusakert 62 121,709 56 5 20 Horom 86 124,799 92 0 14 b. Implementation tallies 182 329,202 148 7 34 Beniamin 34 61,170 7 2 3 Lusakert 62 121,714 53 5 18 Horom 86 146,319 88 0 13 Difference (b-a) 0 498 -7 0 -3 Beniamin 0 -21,027 0 0 0 Lusakert 0 5 -3 0 -2 Horom 0 21,520 -4 0 -1 Source: EDRC, External Monitoring Results
23This section is devoted to the determination of the actual scope of impacts and cases subject for compensation. The fact of actual payment of compensation and its compliance to the entitlement matrix is discussed in the next section.
Economic Development and Research Center, www.EDRC.am 21 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
81. During the Implementation, certain changes in indicators took place in Talin-Lanjik (ADB) section: • The total number of the AHs, as well as the total number of the land owner AHs decreased by 1 due to the following two changes: (i) During the Implementation, 2 AHs have registered their ownership rights towards 2 private land plots (Mastara). The owners of the respective private land plots were not identified during the LARP preparation stage. According to the LARP formulation rules, even if the owners of the private land plots are not identified during the LARP preparation stage, for each private land plot 1 AH is calculated (or associated with). Therefore, following the registration of the ownership rights, the total number of the AHs (as well as the owners) decreased by 2. (ii) External monitoring identified additional 1 AH (who were not mentioned in the LARP), who has registered ownership rights towards the affected land plot (Mastara). • Due to design adjustments, the area of 2 private land plots subject to acquisition changed (increased by 46 sq. m. in Talin). For more details on design adjustments see Appendix 3.
82. During the Implementation, certain changes in indicators took place in Lanjik-Gyumri (EIB) section: • Due to cadastre map verifications, the type of ownership of 1 community land plot changed: it is currently state-owned (Lusakert). • Due to design adjustments, the area of 48 private and 11 community land plots subject to acquisition changed (increased by 23,445 sq. m. in case of private land plots and decreased by 22,947 in case of community lands): For more details on design adjustments see Appendix 3. • Total number of the AHs decreased by 7, while the total number of the land owners decreased by 4 AHs due to the following two changes: (i) During the Implementation, 3 informal tenant AHs have registered their ownership rights towards the affected private land plots. The owners of the respective private land plots were not identified during the LARP preparation stage (1 AH in Horom; 2 AHs in Lusakert). Therefore, following the registration of the ownership rights, the total number of the AHs decreased by 3, leaving the total number of the land owner AHs unchanged. (ii) During the Implementation 4 AHs have registered their ownership rights towards 4 private land plots. The owners of the respective private land plots were not identified during the LARP preparation stage (3 AHs in Horom; 1 AH in Lusakert). Therefore, after the registration of the ownership rights, the total number of the AHs (as well as the land owner AHs) decreased by 4.
83. According to the Implementation results, the scope of project impact entailed 281 land plots (including 9 state-owned, 116 community and 156 private plots) with total size of land take for project needs 503,723 sq. m (see Table 7). As a consequence, the Project affected 227 AHs which are entitled to compensation in accordance with the LARP provisions.
84. Under the LARP, 7 out of 235 AHs were recorded as leaseholders on community lands (EIB) with the lease term of up to 25 years. Implementation tallies did not change for leaseholders and all AHs are entitled to compensation.
85. As per the approved LARPs, 53 out of 235 AHs were informal tenants (non-registered users) on 6 community and 45 private land plots. As a result of state registration of property titles, the number of informal tenants decreased by 3 (EIB section) and totalled to 50 AHs (on 6 community and 42 private land plots).
86. 170 AHs are the owners of 156 private land plots subject to permanent loss of land, including 63 AHs in Talin-Lanjik, and 107 – in Lanjik-Gyumri sections.24 Table 8. Impact on Private land plots and Land owners in the 4th Subsection
24 The number of AHs is higher than the number of land plots since in some cases several AHs are so-owners of the same land plot.
Economic Development and Research Center, www.EDRC.am 22 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Item: Private Land Plots, Area, Land Owner AHs, Permanent loss of land N sq. m. N Total 4th Subsection a. Planned under LARP 156 86,004 175 b. Implementation tallies 156 109,494 170 Difference (b-a) 0 23,490 -5 Talin-Lanjik (ADB) a. Planned under LARP 61 17,919 64 b. Implementation tallies 61 17,964 63 Difference (b-a) 0 46 -1 Lanjik-Gyumri (EIB) a. Planned under LARP 95 68,085 111 b. Implementation tallies 95 91,530 107 Difference (b-a) 0 23,445 -4 Source: EDRC, External Monitoring Results
87. Due to design adjustments and cadastre maps verification in both ADB and EIB sections, the total area of land take for the project needs increased by 23,490 sq. m., while the total number of land owner AHs decreased by 5 as compared to those under the LARP (see points 81 and 82), leaving the total number of acquired land plots unchanged. b) Impact on Crops and Trees 88. As per the approved LARPs, 233 AHs were listed as entitled to compensation for the loss of crops from 10 community (18,383 sq. m) and 155 private (85,188 sq. m) land plots. 173 AHs out of 233 are land owners, 7 – leaseholders on community lands, 8 – informal tenants on community lands and 45 – informal tenants on private land plots. Table 9. Affected crops in the 4th Subsection
Item: Plots, Area, AHs, Leaseholder AHs, Informal Tenant Affected crops N sq. m. N N AHs, N 1 2 3 4 4.1 4.2 Total 4th Subsection a. Planned under LARP 165 103,571 233 7 53 Community land 10 18,383 14 7 8 Private land 155 85,188 219 0 45 b. Implementation tallies 165 127,061 224 7 50 Community land 10 18,383 14 7 8 Private land 155 108,678 210 0 42 Difference (b-a) 0 23,490 -9 0 -3 Community land 0 0 0 0 0 Private land 0 23,490 -9 0 -3 Talin-Lanjik (ADB) a. Planned under LARP 63 18,115 80 0 16 b. Implementation tallies 63 18,161 78 0 16 Difference (b-a) 0 46 -2 0 0 Lanjik-Gyumri (EIB) a. Planned under LARP 102 85,456 153 7 37 b. Implementation tallies 102 108,900 146 7 34 Difference (b-a) 0 23,445 -7 0 -3 Source: EDRC, External Monitoring Results
89. During the implementation, certain changes in indicators took place (see previous section): (i) 3 informal tenant AHs (all on private land plots, EIB section) have registered their ownership rights towards the affected land plots. However, the total number of land owner AHs in the 4th Subsection remained unchanged, as the land owners of the mentioned land plots were not identified during the LARP
Economic Development and Research Center, www.EDRC.am 23 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
preparation stage. As a consequence, the total number of AHs entitled to compensation for crops decreased by 3. (ii) 6 AHs (land owners) have registered their ownership rights towards 6 private land plots. As the land owners of the mentioned land plots were not identified during the LARP preparation, the total number of the owners, as well as, the total number of AHs entitled to compensation for crops, decreased by 6. (iii) Due to design adjustments in the EIB section the area of 48 private land plots subject to compensation for the loss of crops increased by 23,445 sq. m. (iv) Due to design adjustments in the ADB section the area of 2 private land plots subject to compensation for the loss of crops increased by 46 sq. m.
90. As per the Implementation results, the number of AHs entitled to compensation for crops under Subsection 4 decreased by 9 and totalled to 224 AHs (167 land owners, 7 leaseholders on community lands, 8 informal tenants on community lands and 42 informal tenants on private land plots).
91. There are no cases of Project impact on trees in the 4th Subsection. c) Impact on Buildings/Structures and Movable Improvements 92. In accordance with the LARPs, there are 1 legal and 7 illegal non-residential structures, as well as 1 illegal residential (not inhabited) building under Subsection 4. Illegal structures, in case of legalization, are entitled to compensation.
93. During the Implementation, none of 8 illegal structures have been legalized: • 1 illegal residential (not inhabited) building located on Lusakert community land has not been legalized, however according to the LARF provisions, the residential building is entitled to compensation at full replacement cost +15% regardless of legalization (1 Informal tenant AH, 08-048-0111-0100, EIB section). • 5 bus stops and 1 vehicle inspection ramp located on community lands were not legalized (o/w Horom - 3 bus stops, Lusakert – 1 bus stop, Beniamin – 1 bus stop, EIB section; Talin, vehicle inspection ramp, ADB section). The bus stops and vehicle inspection ramp located on the community land are an ownership of MOTCIT. As defined by T3 LARP of Talin-Lanjik (Sub-chapter 3.4, para 21) “The vehicle inspection ramp and bus stations are public properties owned by the state (MOTCIT). As per the LARF, public utilities are subject to restoration after the construction (where needed).” The bus stops and vehicle inspection ramp are not subject for compensation, but further restoration where needed (to be decided by MOTCIT in consultations with communities). • 1 fence located on Beniamin community land (08-027-0001-0012) was not legalized, as the user of the fence remained unknown. 94. 2 legal structures of 2 AHs (1 residential building on Lusakert community land and 1 non-residential structure located on private land in Horom) are entitled to compensation (EIB section).
95. As per the approved LARPs, 1 private land plot (Horom, EIB) and 5 community land plots (2 in Lusakert, 3 in Beniamin; EIB) are entitled to Relocation Allowance for movable improvements25. In particular, for equipment on 1 private land plot; for 2 movable metal structures and 3 memorial stones on community land plots. These 6 moveable improvements can be shifted without damaging of the property. During the Implementation, these numbers remained unchanged.
25 As per the Entitlements Matrix, for the movable property on the land or in the buildings the owners are entitled to Relocation Allowance to cover transportation expenses related to the shift of the movable property without damaging it.
Economic Development and Research Center, www.EDRC.am 24 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 d) Impact on Business and Employment
96. As per the approved LARP of Lanjik-Gyumri section, there is 1 case of project impact on business in Subsection 4. 1 AH is entitled to compensation for the temporary loss of business (Gas Station on private land plot, Horom 08-067-0112-0001, EIB). During the Implementation, the number of cases and AHs eligible for compensation remained unchanged.
97. In accordance with the LARP of Lanjik-Gyumri section there is 1 case of project impact on employment in Subsection 4. 8 employees are entitled to compensation for the temporary loss of employment (Gas Station on private land plot, Horom 08-067-0112-0001, EIB). During the Implementation, the number of employment loss cases eligible for compensation remained unchanged. e) Relocation
98. No cases of physical relocation under Subsection 426. f) Impact on Socially Vulnerable and Severe Impact
99. According to the approved LARP, 38 AHs were given vulnerability status under Subsection 4. 29 of them are poor AHs, 7 – female-headed, 7 – headed by elderlies and 1 – by disabled AP.
100. As per the Implementation results, the number of poor AHs increased by 7 (AHs presented the necessary documents which were not complete during the LARP planning stage, of which 2 AHs from ADB and 5 AHs from EIB section). External monitoring identified additional 1 AH (ADB), which simultaneously falls under two categories of vulnerability: Elderly headed and Female headed. As a consequence, the total number of AHs entitled to Rehabilitation Allowance under Subsection 4 totalled to 46 (see Table 10). Table 10. Impact on Vulnerable and Severely AHs Vulnerable AHs, N Severely AHs, N a. Planned under LARP 38 54 Talin-Lanjik (ADB) 18 8 Lanjik-Gyumri (EIB) 20 46 b. Implementation tallies 45 66 Talin-Lanjik (ADB) 20 10 Lanjik-Gyumri (EIB) 25 56 c. Adjusted tallies (EMA) 46 71 Talin-Lanjik (ADB) 21 10 Lanjik-Gyumri (EIB) 25 61 Source: EDRC, External Monitoring Results
101. The planned number of severely AHs was 54 (2 leaseholders, 15 informal tenants and 37 land owners) all eligible for compensation.
102. As per the Implementation results, the number of severely AHs increased by 12: as a result of design and corresponding impact adjustments in the EIB section (see section a, and Appendix 3), 12 AHs (10 private land plots, Horom) are now considered severely AHs (10 owners and 2 Informal tenants). External monitoring identified additional 5 severely AHs: all 5 AHs were Informal tenants on Community lands, of which 3 from EIB section and 2 from ADB Section. Due to technical mistake they were not considered as severely affected in the LARP. As a consequence, the total number of AHs entitled to compensation for severe impact under Subsection 4 totalled to 71 (see Table 10).
26 The affected residential building in Lusakert community (EIB section) was/is not actually inhabited.
Economic Development and Research Center, www.EDRC.am 25 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
103. The structure of severely AHs changed since 2 informal tenant AHs (on private lands) were legalized and compensated as land owners. As a consequence, the structure of severely AHs is as follows: 2 leaseholders, 20 informal tenants and 49 land owners.
Table 11. LARP implementation in the 4th Subsection by the types of AHs (N)
s
Community h
A
AHs AHs
Land
Total Total
owners
Tenants
Informal Informal Disabled
Poor AHs Poor
Total AHs Total
Vulnerable
headed AHs headed
SeverelyAHs
Leaseholders
Elderly headed headed Elderly Female headed headed Female Talin-Lanjik (ADB) 79 63 0 16 10 21 16 7 4 1 Akunq 1 1 0 0 0 0 0 0 0 0 Talin 2 1 0 1 2 1 1 0 0 0 Mastara 76 61 0 15 8 20 15 7 4 1 Lanjik-Gyumri (EIB) 148 107 7 34 61 25 19 2 4 0 Beniamin 7 2 2 3 3 0 0 0 0 0 Lusakert 53 30 5 18 30 6 5 0 1 0 Horom 88 75 0 13 28 19 14 2 3 0 Total 227 170 7 50 71 46 35 9 8 1 Source: EDRC, External Monitoring Results 104. Thus, according to the external monitoring, the total number of AHs under Subsection 4 is 227, including 170 land owners, 7 leaseholders on community land and 50 informal tenants (8 informal tenants on community lands, 42 informal tenants on private land plots). 71 AHs were severely affected. 46 out of total 227 AHs are vulnerable AHs, including 40 land owners, 1 leaseholder and 5 informal tenants. 13 vulnerable AHs are also severely affected by the Project. Key findings Subsection 4 affected 9 state, 116 community and 156 private land plots in 6 communities. The number of AHs equals 227, including 46 AHs who are vulnerable. There are also 7 leaseholders and 50 informal tenant AHs. 71 AHs were severely affected by the Project; including 13 of them are vulnerable. There are cases of loss of crops, impact on building/structures and business/employment. There are no cases of loss of and trees, as well as physical relocation. The actual Project impact in the 4th Subsection deviates from LARP planned and implementation indicators as the consequence of the design adjustments, cadastre maps verification and legalization actions. Compensation program shall correspond to the actual impact identified by the EMA.
Economic Development and Research Center, www.EDRC.am 26 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 VI. Assessment of Provided Compensation a) Compensation for the Loss of Land 105. Compensation for permanent loss of land is based on the replacement cost which is calculated as the higher of land market value or cadastral value plus its 15 percent (see Table 4)27. The agricultural, as well as non-agricultural lands under Subsection 4 were compensated on the basis of replacement cost based on the market value or cadastral value28. The unit rates of compensation were estimated by a qualified independent valuator. 106. 170 AHs were eligible to be compensated for the loss of 156 private land plots. Compensation process is successfully completed for 119 land plots to 131 AHs: in total, AMD 14,748,177 has been transferred. Calculation of compensation complies with LARP provisions29. 80 out of 119 compensated land plots were compensated through direct contract signing process, while cases of 39 land plots (41 land owner AHs) were resolved through the courts and compensated through the expropriation process. Acquisition and compensation processes of the remaining 37 land plots (12,869 sq. m) takes place through expropriation processes. AMD 3,120,748 has been transferred to the court accounts as deposits intended for 39 AHs. Legal land owners of these land plots have (or will have) the opportunity to receive compensation in line with LARP provisions upon the acquisition of their property based on the court decision. Therefore, the initiation of compensation process for these 39 AHs regarding 37 private land plots is in compliance with Armenian legislation and meets LARP provisions30. Table 12.Compensation for permanent loss of private land in the 4th Subsection
Item: Private land plots, Area Land owner AHs, Compensation, Permanent loss of land N sq. m. N AMD Total 4th Subsection Total 156 109,494 170 17,868,925 Actually compensated 119 96,625 131 14,748,177 Compensated via Contract 80 59,716 90 10,290,247 Compensated via Expropriation Process 39 36,909 41 4,457,930 Ongoing Expropriation 37 12,869 39 3,120,748 Talin-Lanjik (ADB) Total 61 17,964 63 3,239,477 Actually compensated 28 9,169 28 1,651,514 Compensated via Contract 26 8,728 25 1,571,913 Compensated via Expropriation Process 2 441 3 79,601 Ongoing Expropriation 33 8,795 35 1,587,963 Lanjik-Gyumri (EIB) Total 95 91,530 107 14,629,448 Actually compensated 91 87,456 103 13,096,663 Compensated via Contract 54 50,988 65 8,718,334 Compensated via Expropriation Process 37 36,468 38 4,378,329 Ongoing Expropriation 4 4,074 4 1,532,785 Source: EDRC, External Monitoring Results 107. In case of leaseholders, compensation for the loss of land has been calculated on the basis of market value taking into account the remaining years of lease term (see Table 4). All 7 leaseholders were
27 The 15 % of addition to the market price is defined by the “RA Law on alienation of property for public and state purposes” and was accordingly included also in the Project LARF. 28 In Talin-Lanjik (ADB) Section all lands were compensated based on the market value, while in Lanjik-Gyumri (EIB) Section 6 land plots (5 Private and 1 Community land plots) or 3% of all land plots under EIB Section were compensated based on cadastral value (as cadastral value for the respective land plots was higher than the market value). 29 The EMA checked correctness of calculation and not valuation of the compensation, which is licensed activity. 30After CR is reviewed and approved by ADB/EIB, and on that moment expropriation cases are still in process in the court, the TPIO cannot give commencement to the Contractor for that particular sections until the decisions of court enters into force and property rights are registered in cadastre according to the RA regulations.
Economic Development and Research Center, www.EDRC.am 27 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
compensated for the loss of land. The total amount of compensation to leaseholders equals AMD 387,759 and complies with LARP provisions. Table 13. Compensation of leaseholders for loss of land in the 4th Subsection
Item: Leaseholder Leaseholder AHs, Compensation for loss of Permanent loss of land N land, AMD Total 7 387,759 Talin-Lanjik (ADB) 0 0 Lanjik-Gyumri (EIB) 7 387,759 Source: EDRC, External Monitoring Results 108. 6 communities were entitled to compensation for permanent loss of land for 116 community land plots. Acquisition of all community land plots is completed. Calculation of compensation complies with LARP provisions (Table 14). Table 14. Compensation for permanent loss of community land in the 4th Subsection Item: Community land Area Compensation, Permanent loss of land plots, N sq. m. AMD Total 4th Subsection Total 116 379,046 42,081,686 Actually compensated 116 379,046 42,081,686 Compensated via Contract 116 379,046 42,081,686 Compensated via Expropriation Process 0 0 0 Ongoing Expropriation 0 0 0 Talin-Lanjik (ADB) Total 37 156,499 14,486,337 Actually compensated 37 156,499 14,486,337 Compensated via Contract 37 156,499 14,486,337 Compensated via Expropriation Process 0 0 0 Ongoing Expropriation 0 0 0 Lanjik-Gyumri (EIB) Total 79 222,547 27,595,349 Actually compensated 79 222,547 27,595,349 Compensated via Contract 79 222,547 27,595,349 Compensated via Expropriation Process 0 0 0 Ongoing Expropriation 0 0 0 Source: EDRC, External Monitoring Results Key findings 131 out of total 170 AHs entitled to compensation for permanent loss of land were compensated in accordance with LARP provisions, while the compensation of 39 AHs will be completed through expropriation processes. All 116 community land plots were compensated in accordance with LARP provisions. 33 private land plots (35 AHs) are subject to expropriation in Talin-Lanjik (ADB) section. 4 private land plots (4 AHs) are subject to expropriation in Lanjik-Gyumri (EIB) section. For land plots under expropriation measures, the TPIO has transferred the total amount of compensations to court’s deposit account as defined under the LARP. Compensation program for permanent loss of land under Subsection 4 can be deemed completed and compliant to LARP provisions for 119 private land plots and 116 community land plots. Expropriation process is still ongoing for the remaining 37 private land plots. The compensation payment for ongoing expropriation cases will be considered as fully completed when the court decisions on acquisition enter into force. b) Compensation for Crops 109. Compensation for the loss of crops is intended as cash compensation at current gross market rate (inclusive of inputs) value of 1 year’s harvest by default. The average price and yield data on each crop
Economic Development and Research Center, www.EDRC.am 28 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
for 3 consecutive years are used as a basis for the determination of the compensation amount. Notably, yield data varies across communities.
110. Losses of crops both on private, leased and informally used land are eligible for compensation.
111. As per the Implementation results, 176 out of total 224 AHs, eligible for compensation for the loss of crops, were compensated. Compensation unit rates and amounts for 173 of them were in compliance with LARP provisions. Compensation amount for 3 Informal tenant AHs (1 community land plot, EIB) did not comply with LARP provisions due to technical mistake (Lusakert, community land, 08-048-0101-0001, EIB).
112. In order to make compensation for the loss of crops in the 4th Subsection complaint with LARP provisions, the TPIO implemented Corrective measures according to which AMD 24,789 was called back in August 17, 2017 (Table 15). Compensation unit rate and amount comply with LARP provisions.
113. 118 out of 176 compensated AHs were compensated through direct contract signing process, while cases of 58 AHs were resolved through the courts and compensated through the expropriation process.
114. Compensation to the remaining 48 AHs (36 land plots, 12,053 sq. m.) is currently being regulated under the Expropriation process. AMD 763,158 has been transferred to the court accounts as deposits intended for 48 AHs. Unit rates and compensation amounts comply with LARP provisions. Table 15. Compensation for affected crops in the 4th Subsection Informal Item: Plots, Area, AHs, Leaseholder Compensation, tenant AHs, Affected crops N sq. m. N AHs, N AMD N 1 2 3 4 4.1 4.2 5 Total 4th Subsection Total 165 127,061 224 7 50 12,609,057 Community land 10 18,383 14 7 8 4,593,038 Private land 155 108,678 210 0 42 8,016,018 Actually compensated 129 115,008 176 7 39 11,845,898 Community land 10 18,383 14 7 8 4,593,038 Private land 119 96,625 162 0 31 7,252,860 Compensated via Contract 90 78,099 118 7 22 9,476,485 Community land 10 18,383 14 7 8 4,593,038 Private land 80 59,716 104 0 14 4,883,447 Compensated via Expropriation Process 39 36,909 58 0 17 2,369,413 Community land 0 0 0 0 0 0 Private land 39 36,909 58 0 17 2,369,413 Ongoing Expropriation 36 12,053 48 0 11 763,158 Community land 0 0 0 0 0 0 Private land 36 12,053 48 0 11 763,158 Adjustment of compensation 1 1,554 3 0 3 -24,789 Community land 1 1,554 3 0 3 -24,789 Private land 0 0 0 0 0 0 Talin-Lanjik (ADB) Total 63 18,161 78 0 16 975,571 Actually compensated 30 9,366 33 0 5 493,700 Compensated via Contract 28 8,925 30 0 5 469,640 Compensated via Expropriation Process 2 441 3 0 0 24,060 Ongoing Expropriation 33 8,795 45 0 11 481,872 Lanjik-Gyumri (EIB) Total 102 108,900 146 7 34 11,633,485 Actually compensated 99 105,642 143 7 34 11,352,199 Compensated via Contract 62 69,174 88 7 17 9,006,846 Compensated via Expropriation Process 37 36,468 55 0 17 2,345,353 Ongoing Expropriation 3 3,258 3 0 0 281,287 Adjustment of compensation 1 1,554 3 0 3 -24,789 Source: EDRC, External Monitoring Results
Economic Development and Research Center, www.EDRC.am 29 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Key findings 176 out of total 224 AHs, entitled to compensation for crops, were compensated in accordance with LARP provisions. Compensation amounts for the remaining 48 AHs were transferred to the deposit account of the court in accordance with LARP provisions. Compensation for the loss of crops in Talin-Lanjik (ADB) Section of Subsection 4 is completed and complies with LARP provisions for 33 AHs. For the remaining 45 AHs expropriation process is still ongoing. The compensation payment for ongoing expropriation cases will be considered as fully completed when the court decisions on acquisition enter into force. Compensation for the loss of crops in Lanjik-Gyumri (EIB) Section of Subsection 4 is completed and complies with LARP provisions for 143 AHs. For the remaining 3 AHs expropriation process is still ongoing. The compensation payment for ongoing expropriation cases will be considered as fully completed when the court decisions on acquisition enter into force. c) Compensation for Buildings/Structures and Movable Improvements 115. Under Subsection 4 on the EIB section, 2 buildings/structures owned by 2 AHs were eligible to be compensated (1 residential building on Lusakert community land and 1 non-residential structure located on private land in Horom). Based on project implementation results, 1 of 2 AHs was compensated (through direct contract signing process). Compensation to the remaining 1 AH (Horom, 08-067-0112- 0001) is currently being regulated under the Expropriation process. AMD 3,519,160 has been transferred to the court account as deposits intended for 1 AH. Unit rate and total compensation amount comply with LARP provisions. Circumstances of the expropriation are presented in Appendix 1 (case 4, EIB section). Table 16. Compensation for buildings/structures loss in the 4th Subsection
Plots, Buildings / AHs, Compensation, Item: Buildings & Structures N structures, N N AMD Total 4th Subsection Total 2 2 2 19,851,048 Actually compensated 1 1 1 16,331,888 Compensated via Contract 1 1 1 16,331,888 Compensated via Expropriation Process 0 0 0 0 Ongoing Expropriation 1 1 1 3,519,160 Talin-Lanjik (ADB) Total 0 0 0 0 Actually compensated 0 0 0 0 Compensated via Contract 0 0 0 0 Compensated via Expropriation Process 0 0 0 0 Ongoing Expropriation 0 0 0 0 Lanjik-Gyumri (EIB) Total 2 2 2 19,851,048 Actually compensated 1 1 1 16,331,888 Compensated via Contract 1 1 1 16,331,888 Compensated via Expropriation Process 0 0 0 0 Ongoing Expropriation 1 1 1 3,519,160 Source: EDRC, External Monitoring Results
116. During the Implementation, 1 private land plot (1 AH, Horom, EIB) and 5 community land plots (2 in Lusakert with 1 Leaseholder AH on one of the land plots, 3 in Beniamin; EIB) were entitled to compensation for movable improvements (Relocation Allowances).
Economic Development and Research Center, www.EDRC.am 30 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
117. As per the Implementation results, all community land plots (1 Leaseholder AH, Lusakert and Beniamin communities) were compensated (through direct contract signing process). Unit rates and compensation amounts comply with LARP provisions.
118. Compensation to the remaining 1 AH (Horom, 08-067-0112-0001) is currently being regulated under the Expropriation process. AMD 25,000 has been transferred to the court account as deposits intended for 1 AH. Unit rate and total compensation amount comply with LARP provisions. Circumstances of the expropriation are presented in Appendix 1 (case 4, EIB section). Table 17. Compensation for movable improvements in the 4th Subsection Plots, AHs, Compensation, Item: Movable improvements N N AMD Total 4th Subsection Total 6 2 295,000 Actually compensated 5 1 270,000 Compensated via Contract 5 1 270,000 Compensated via Expropriation Process 0 0 0 Ongoing Expropriation 1 1 25,000 Talin-Lanjik (ADB) Total 0 0 0 Actually compensated 0 0 0 Compensated via Contract 0 0 0 Compensated via Expropriation Process 0 0 0 Ongoing Expropriation 0 0 0 Lanjik-Gyumri (EIB) Total 6 2 295,000 Actually compensated 5 1 270,000 Compensated via Contract 5 1 270,000 Compensated via Expropriation Process 0 0 0 Ongoing Expropriation 1 1 25,000 Source: EDRC, External Monitoring Results Key findings 1 out of 2 AHs, entitled to compensation for buildings/structures in Lanjik-Gyumri (EIB) Section of Subsection 4, was compensated in accordance with LARP provisions. Compensation amount for the remaining 1 AH was transferred to the deposit account of the court in accordance with LARP provisions. The compensation payment for ongoing expropriation case will be considered as fully completed when the court decision on acquisition enters into force. Compensation for movable improvements in Lanjik-Gyumri (EIB) Section of Subsection 4 is completed for 1 AH and 2 communities, who were compensated in accordance with LARP provisions. Compensation amount for the remaining 1 AH was transferred to the deposit account of the court in accordance with LARP provisions. The compensation payment for ongoing expropriation case will be considered as fully completed when the court decision on acquisition enters into force. There are no cases of buildings/structures loss, as well as there are no movable improvements in Talin- Lanjik (ADB) Section of Subsection 4. d) Compensation for Business and Employment
119. Under Subsection 4 on the EIB section, 1 AH was eligible to be compensated for the temporary loss of business (Gas Station on private land plot, Horom 08-067-0112-0001, EIB). As per the Implementation results, compensation of the mention AH is currently being regulated under the Expropriation process. AMD 1,532,420 has been transferred to the court account as deposits intended for 1 AH. Compensation
Economic Development and Research Center, www.EDRC.am 31 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
amount comply with LARP provisions. Circumstances of the expropriation are presented in Appendix 1 (case 4, EIB section). Table 18. Compensation for business loss in the 4th Subsection Item: Business Plots, N Business loss, N AHs, N Compensation, AMD Total 4th Subsection Total 1 1 1 1,532,420 Actually compensated 0 0 0 0 Compensated via Contract 0 0 0 0 Compensated via Expropriation Process 0 0 0 0 Ongoing Expropriation 1 1 1 1,532,420 Talin-Lanjik (ADB) Total 0 0 0 0 Actually compensated 0 0 0 0 Ongoing Expropriation 0 0 0 0 Lanjik-Gyumri (EIB) Total 1 1 1 1,532,420 Actually compensated 0 0 0 0 Compensated via Contract 0 0 0 0 Compensated via Expropriation Process 0 0 0 0 Ongoing Expropriation 1 1 1 1,532,420 Source: EDRC, External Monitoring Results
120. According to the LARP provisions, the employees were entitled to receive cash indemnity for all months of business stoppage based on the average salary up to 6 months. Under Subsection 4 on the EIB section, 8 employees were eligible to be compensated for the temporary loss of employment (Gas Station on private land plot, Horom 08-067-0112-0001, EIB). Table 19. Compensation for employment loss in the 4th Subsection Item: Employment Plots, N Employee, N AHs, N Compensation, AMD Total 4th Subsection Total 1 8 1 4,080,000 Actually compensated 0 0 0 0 Compensated via Contract 0 0 0 0 Compensated via Expropriation Process 0 0 0 0 Ongoing Expropriation 1 8 1 4,080,000 Adjustment of compensation 1 8 1 4,080,000 Talin-Lanjik (ADB) Total 0 0 0 0 Actually compensated 0 0 0 0 Ongoing Expropriation 0 0 0 0 Lanjik-Gyumri (EIB) Total 1 8 1 4,080,000 Actually compensated 0 0 0 0 Compensated via Contract 0 0 0 0 Compensated via Expropriation Process 0 0 0 0 Ongoing Expropriation 1 8 1 4,080,000 Adjustment of compensation 1 8 1 4,080,000 Source: EDRC, External Monitoring Results
121. External monitoring revealed that during the Implementation none of employees was compensated. Based on EMA findings, the TPIO implemented Corrective Measures in August 16 2017 (Table 19)31. As business associated with the employment loss is currently involved in the Expropriation process, AMD 4,080,000 has been transferred to the court account as deposits intended for 8 employees. Total compensation amount comply with LARP provisions32. Circumstances of the expropriation are presented in Appendix 1 (case 4, EIB section).
31 The TPIO provided to EMA the signed agreements with APs and payment orders. 32 The final compensation for the temporary affected business can be changed due to actual stoppage of the business during the consecution as the current compensation is calculated for the conditional 1 month stoppage and shall be recalculated via multiplying
Economic Development and Research Center, www.EDRC.am 32 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Key findings Compensation amount for the only AH, entitled to compensation for business loss in Lanjik-Gyumri (EIB) Section of Subsection 4, was transferred to the deposit account of the court in accordance with LARP provisions. The compensation payment for ongoing expropriation case will be considered as fully completed when the court decision on acquisition enters into force. Compensation amount for all 8 employees, entitled to compensation for employment loss in Lanjik-Gyumri (EIB) Section of Subsection 4, was transferred to the deposit accounts of the court in accordance with LARP provisions. The compensation payment for ongoing expropriation cases will be considered as fully completed when the court decisions on acquisition enter into force. There are no cases of business/employment loss in Talin-Lanjik (ADB) Section of Subsection 4. e) Compensation Entitlements for Vulnerable groups 122. As per approved LARPs, additional allowances were envisaged for vulnerable groups, particularly for female-headed AHs, elderly-headed AHs, disabled-headed AHs, as well as for AHs, who are registered in the Family Benefit System (FBS) and eligible for family benefit allowance under the FBS. The Rehabilitation Allowance for vulnerable group was the equivalent to 6 months of minimum salary33.
123. According to the external monitoring results, 46 vulnerable AHs are entitled to Rehabilitation Allowances under Subsection 4.
Table 20. Allowances for socially vulnerable AHs in the 4th Subsection
Poor Female Elderly Disabled Total Vulnerable Item: Compensation, AHs, headed AHs, headed AHs, headed AHs, AHs without double Vulnerability AMD N N N N counting, N Total 4th Subsection Total 35 9 8 1 46 15,180,000 Actually compensated 29 7 7 1 38 12,540,000 Compensated via Contract 20 5 4 1 25 8,250,000 Compensated via 9 2 3 0 13 4,290,000 Expropriation Process Ongoing Expropriation 6 2 1 0 8 2,640,000 Adjustment of compensation 1 1 1 0 2 660,000 Talin-Lanjik (ADB) Total 16 7 4 1 21 6,930,000 Actually compensated 10 5 3 1 13 4,290,000 Compensated via Contract 8 4 3 1 11 3,630,000 Compensated via 2 1 0 0 2 660,000 Expropriation Process Ongoing Expropriation 6 2 1 0 8 2,640,000 Adjustment of compensation 0 1 1 0 1 330,000 Lanjik-Gyumri (EIB) Total 19 2 4 0 25 8,250,000 Actually compensated 19 2 4 0 25 8,250,000 Compensated via Contract 12 1 1 0 14 4,620,000 Compensated via 7 1 3 0 11 3,630,000 Expropriation Process Ongoing Expropriation 0 0 0 0 0 0 Adjustment of compensation 1 0 0 0 1 330,000 Note: 4 AHs simultaneously fall under 2 categories of vulnerable AHs, while 1 AH – under 4 categories. Source: EDRC, External Monitoring Results the 1 month compensation to the actual number of stopped months. Meantime the list of initially involved 8 employees also can be changed as of the date of land acquisition (court decision) and stoppage of the business. TPIO shall recalculate the compensation based on above mentioned conditions as relevant. 33 The minimum salary is AMD 55 thousand per month.
Economic Development and Research Center, www.EDRC.am 33 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
124. As per the Implementation results, 38 out of 46 vulnerable AHs received Rehabilitation Allowances and were compensated in accordance with their entitlements stipulated in the LARP (AMD 330,000 per vulnerable AH). 25 out of 38 compensated AHs were compensated through direct contract signing process, while cases of 13 AHs were resolved through the courts and compensated through the expropriation process.
125. Compensation for 8 vulnerable AHs (ADB section) is being regulated under the Expropriation process, for which AMD 2,640,000 (the total amount of one-of Rehabilitation Allowances for 8 AHs) has been transferred to the court deposit account. Circumstances of the expropriation for 8 vulnerable AHs are “Property under Arrest”, “Absent APs (Power of Attorney)” and “Inheritance Issue”. More details are presented in Appendix 1 (cases 5, 7, 10, 19, 23, 25, 28 and 30 under ABD section).
126. External monitoring revealed that 2 vulnerable AHs were not compensated: 1 elderly headed (female headed) AH (Mastara, lot-code 02-069-0347-0057, ADB section)34 and 1 poor AH (Horom, lot-code 08- 067-0140-0006, EIB section)35. Based on EMA findings, the TPIO implemented Corrective Measures and paid respective allowances to 2 vulnerable AHs in August 17 2017 (Table 20) 36. Key findings 38 out of total 46 vulnerable AHs under Subsection 4 were compensated in accordance with LARP provisions. Compensation amount for 8 other AHs was transferred to the court deposit account in compliance with LARP provisions. Compensation for Vulnerable groups in Talin-Lanjik (ADB) Section of Subsection 4 is completed and complies with LARP provisions for 13 AHs. Expropriation process is still ongoing for the remaining 8 AHs. The compensation payment for 8 AHs under expropriation cases will be considered as fully completed when the court decisions on acquisition enter into force. Compensation for Vulnerable groups in Lanjik-Gyumri (EIB) Section of Subsection 4 is fully completed and complies with LARP provisions. f) Entitlements for the Cases of Severe Impact
127. According to LARP provisions, cash assistance is intended for severely AHs. AHs losing 10% and more of their agricultural lands are entitled to one additional crop compensation covering 1-year yield37. 128. According to the external monitoring results, 64 out of total 71 severely AHs were compensated. The total compensation amount equalled AMD 9,271,800. Compensation complies with LARP provisions. 48 out of 64 compensated AHs were compensated through direct contract signing process, while cases of 16 AHs were resolved through the courts and compensated through the expropriation process.
129. As a result of LARP implementation, compensation of 7 AHs entitled to compensation for severe impact (4 land owners in Talin-Lanjik (ADB) section, and 3 land owners in Lanjik-Gyumri (EIB) section) is being regulated under the expropriation measures. The amount of compensation to these AHs – AMD 153,236 – was transferred to the court deposit account. Amount of transferred compensation complies with LARP provisions. Circumstances of the expropriation for 7 severely AHs are presented in Appendix 1 (case 1, 2 under EIB section, cases 5, 6 under ADB section).
34 The TPIO noted that compensation was not paid since it was not included in the ADB Evaluation Consultant’s calculations. 35 The TPIO noted that compensation was not paid due to technical mistake. 36 The TPIO provided to EMA the signed agreements with APs and payment orders. 37 According to the approved LARF and LARP for T3, those AHs that lost more than 10% of land area but did not have any crops at the time of evaluation were not considered as severely AHs.
Economic Development and Research Center, www.EDRC.am 34 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
130. External monitoring revealed that 5 severely AHs were not compensated: 2 Informal tenant AHs on Community lands in ADB section (1 AH, Mastara lot-code 02-069-0347-0060; 1 AH, Talin 02-003-0228- 0001) 38 and 3 Informal tenant AHs on Community lands in EIB section (2 AHs, Beniamin lot-codes 08- 027-0110-0009, 08-027-0111-0001; 1 AH, Lusakert 08-048-0101-0001)39. Based on EMA findings, the TPIO implemented Corrective Measures and paid respective compensation to 5 severely AHs in August 17 2017 (Table 21) 40.
Table 21. Allowances for severe impact in the 4th Subsection Item: Plots, Area, AHs, Compensation, Severe Impact N sq. m. N AMD Total 4th Subsection Total 56 85,814 71 9,425,037 Actually compensated 52 82,273 64 9,271,800 Compensated via Contract 41 58,162 48 8,036,379 Compensated via Expropriation Process 11 24,111 16 1,235,421 Ongoing Expropriation 4 3,542 7 153,236 Adjustment of compensation 5 3,184 5 143,272 Talin-Lanjik (ADB) Total 9 4,709 10 251,176 Actually compensated 7 4,006 6 212,344 Compensated via Contract 7 4,006 6 212,344 Compensated via Expropriation Process 0 0 0 0 Ongoing Expropriation 2 704 4 38,832 Adjustment of compensation 2 197 2 10,300 Lanjik-Gyumri (EIB) Total 47 81,105 61 9,173,861 Actually compensated 45 78,267 58 9,059,457 Compensated via Contract 34 54,156 42 7,824,036 Compensated via Expropriation Process 11 24,111 16 1,235,421 Ongoing Expropriation 2 2,838 3 114,404 Adjustment of compensation 3 2,987 3 132,971 Source: EDRC, External Monitoring Results Key findings 64 out of total 71 AHs, entitled to compensation for severe impact under Subsection 4, were compensated in accordance with LARP provisions. Compensation amounts for the remaining 7 AHs were transferred to the deposit account of the court in accordance with LARP provisions. Compensation for severe impact in Talin-Lanjik (ADB) Section of Subsection 4 is completed and complies with LARP provisions only for 6 AHs. Expropriation process is still ongoing for the remaining 4 AHs. The compensation payment for these 4 ongoing expropriation cases will be considered as fully completed when the court decisions on acquisition enter into force. Compensation for severe impact in Lanjik-Gyumri (EIB) Section of Subsection 4 is completed and complies with LARP provisions only for 58 AHs. Expropriation process is still ongoing for the remaining 3 AHs. The compensation payment for these 3 ongoing expropriation cases will be considered as fully completed when the court decisions on acquisition enter into force.
38 The TPIO noted that compensation was not paid since it was not included in the ADB Evaluation Consultant’s calculations. 39 The TPIO noted that compensation was not paid since it was not included in the ADB Evaluation Consultant’s calculations. 40 The TPIO provided to EMA the signed agreements with APs and payment orders.
Economic Development and Research Center, www.EDRC.am 35 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 VII. LARP Implementation Budget 131. The Table below summarizes the LARP implementation indicators, as well as presents comparison of planned and actual LARP implementation budgets for Subsection 4.
132. According to External Monitoring results, total actual amount of compensation program under Subsection 4 equalled AMD 124,408,450. Another AMD 4,858,482 was paid to cover the Corrective Measures implemented by the TPIO in August 16-17, 2017.
133. As a result of Corrective Measures, implemented by the TPIO, the total budget for the 4th Subsection is totalled to AMD 129,266,932. Table 22. Comparison of LARP planned budget versus the actual implementation tallies in the 4th Subsection
Adjusted Planned under Implementation o/w o/w Under Adjustment Implementation Difference Note LARP tallies Actual tallies expropriation required Item tallies a. b. b.1 b.2 c. d. b - a d – a No Total land plots 281 281 244 37 0 281 0 0 State land plots 8 9 9 0 0 9 1 1 1 Community land plots 117 116 116 0 0 116 -1 -1 1 Private land plots 156 156 119 37 0 156 0 0 Total affected area, sq.m 503,180 503,723 490,854 12,869 0 503,723 543 543 2 Compensation, AMD Land compensation 59,809,561 59,950,611 59,950,611 3,120,748 0 59,950,611 141,050 141,050 Community land plots 44,698,157 42,081,686 42,081,686 0 0 42,081,686 -2,616,471 -2,616,471 1,2 Private land plots 15,111,404 17,868,925 17,868,925 3,120,748 0 17,868,925 2,757,521 2,757,521 1,2 Leaseholders(for land) 387,759 387,759 387,759 0 0 387,759 0 0 Crops 11,515,124 12,633,846 11,870,688 763,158 -24,789 12,609,057 1,118,723 1,093,933 2,3 Trees 0 0 0 0 0 0 0 0 Structures and buildings 41,459,275 19,851,048 16,331,888 3,519,160 0 19,851,048 -21,608,227 -21,608,227 4 Transportation 295,000 295,000 270,000 25,000 0 295,000 0 0 Business 1,532,420 1,532,420 0 1,532,420 0 1,532,420 0 0 Employment 4,080,000 0 0 0 4,080,000 4,080,000 -4,080,000 0 5 Relocation 0 0 0 0 0 0 0 0 Vulnerability 12,540,000 14,520,000 11,880,000 2,640,000 660,000 15,180,000 1,980,000 2,640,000 6 Severe impact 8,086,715 9,281,765 9,128,529 153,236 143,272 9,425,037 1,195,050 1,338,322 2,7 Registration services 5,656,500 5,652,000 4,878,500 773,500 0 5,652,000 -4,500 -4,500 8 Court services 2,550,800 304,000 156,000 148,000 0 304,000 -2,246,800 -2,246,800 9 Total (AMD) 147,913,153 124,408,450 114,853,976 12,675,222 4,858,482 129,266,932 -23,504,703 -18,646,221 Source: EDRC, External Monitoring Results Note1: As a result of cadastre map verification, 1 community land plot was re-classified as state-owned. Note 2: Due to design adjustments and cadastre maps verification, the total area of land take for the project needs increased by 543 sq.m, of which the area of private lands increased by 23,490 sq.m, while the area of community lands decreased by 22,947 sq.m. Note 3: Compensation amount decreased by AMD 24,789. Crop compensation for 3 Informal tenant AHs (EIB) exceeded amount stipulated in LARP by AMD 24,789. As a result of Corrective Measures, implemented by the TPIO in August 2017, AMD 24,789 was called back from the mentioned AHs. Note 4: Compensation amount decreased by AMD 21,608,227: 1) 5 bus stops were not legalized for which AMD 20,159,885 was envisaged as compensation under LARP. Bus stops are ownership of MOTCIT; they are not subject for compensation, but further restoration where needed. 2) 1 fence for which AMD 297,640 was envisaged as compensation under LARP, was not legalized as the owner of the fence remained unknown. 3) 1 vehicle inspection ramp was not legalized for which AMD 1,150,702 was envisaged as compensation under LARP. Vehicle inspection ramp is an ownership of MOTCIT; it is not subject for compensation, but further restoration where needed.
Economic Development and Research Center, www.EDRC.am 36 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Note 5: 8 employees were not paid respective cash indemnities for the employment loss for which AMD 4,080,000 was envisaged as compensation under LARP. As a result of Corrective Measures, implemented by the TPIO in August 2017, AMD 4,080,000 has been transferred to the court account as deposit intended for 8 employees (business associated with the employment loss is currently involved in the Expropriation process). Note 6: Compensation amount increased by AMD 2,640,000 as the number of vulnerable AHs increased by 8. 2 vulnerable AHs were not compensated. In August, 2017, the TPIO implemented Corrective Measures and paid AMD 660,000 as Rehabilitation Allowance to 2 vulnerable AHs. Note 7: 5 AHs were not paid allowances for the project severe impact for which AMD 143,272 was envisaged as compensation under LARP. In August, 2017, the TPIO implemented Corrective Measures and paid AMD 143,272 to 5 severely AHs. Note 8: Compensation amount decreased by AMD 4,500: 1 community land was re-classified as state-owned for which no registration fee is envisaged. Note 9: AMD 2,550,800 was envisaged for court services under T3 Subsections 4-6, including AMD 304,000 was spend under Subsection 4.
LARP Implementation Budget of Talin-Lanjik Section 134. The Table below summarizes the LARP implementation indicators in communities under Talin-Lanjik Section of Subsection 4, as well as presents comparison of planned and actual LARP implementation budgets for Talin-Lanjik Section. 135. According to External Monitoring results, total actual amount of compensation program under Talin- Lanjik Section of Subsection 4 equalled AMD 26,924,261. Another AMD 340,300 was paid to cover the Corrective Measures implemented by the TPIO in August 16-17, 2017; as a consequence, the total budget for this Section is totalled to AMD 27,264,561. Table 23. LARP budget of Talin-Lanjik Section in the 4th Subsection
Adjusted Planned under Implementation o/w o/w Under Adjustment Implementation Difference Note LARP tallies Actual tallies expropriation required Item tallies a. b. b.1 b.2 c. d. b - a d – a No Total land plots 99 99 66 33 0 99 0 0 State land plots 1 1 1 0 0 1 0 0 Community land plots 37 37 37 0 0 37 0 0 Private land plots 61 61 28 33 0 61 0 0 Total affected area (sq.m.) 174,475 174,521 165,726 8,795 0 174,521 46 46 1 Compensation, AMD Land compensation 17,717,300 17,725,814 17,725,814 1,587,963 0 17,725,814 8,514 8,514 1 Community land plots 14,486,337 14,486,337 14,486,337 0 0 14,486,337 0 0 Private land plots 3,230,963 3,239,477 3,239,477 1,587,963 0 3,239,477 8,514 8,514 1 Leaseholders(for land) 0 0 0 0 0 0 0 0 Crops 973,278 975,571 493,700 481,872 0 975,571 2,294 2,294 1 Trees 0 0 0 0 0 0 0 0 Structures and buildings 1,150,702 0 0 0 0 0 -1,150,702 -1,150,702 2 Transportation 0 0 0 0 0 0 0 0 Business 0 0 0 0 0 0 0 0 Employment 0 0 0 0 0 0 0 0 Relocation 0 0 0 0 0 0 0 0 Vulnerability 5,940,000 6,600,000 3,960,000 2,640,000 330,000 6,930,000 660,000 990,000 3 Severe impact 238,581 240,876 202,043 38,832 10,300 251,176 2,295 12,595 1,4 Registration services 1,242,000 1,242,000 895,500 346,500 0 1,242,000 0 0 Court services 1,908,000 140,000 8,000 132,000 0 140,000 -1,768,000 -1,768,000 5 Total (AMD) 29,169,861 26,924,261 23,285,057 5,227,167 340,300 27,264,561 -2,245,599 -1,905,299 Source: EDRC, External Monitoring Results Note 1: Due to design adjustments and cadastre maps verification, the total area of land take for the project needs increased by 46 sq. m. (private land pots).
Economic Development and Research Center, www.EDRC.am 37 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Note 2: Compensation amount decreased by AMD 1,150,702: 1 vehicle inspection ramp was not legalized for which AMD 1,150,702 was envisaged as compensation under LARP. Vehicle inspection ramp is an ownership of MOTCIT; it is not subject for compensation, but further restoration where needed. Note 3: Compensation amount increased by AMD 990,000 as the number of vulnerable AHs increased by 3. 1 vulnerable AH was not compensated. In August 17, 2017, the TPIO implemented Corrective Measures and paid AMD 330,000 as Rehabilitation Allowance to 1 vulnerable AH. Note 4: 2 AHs were not paid allowances for the project severe impact for which AMD 10,300 was envisaged as compensation under LARP. In August 17, 2017, the TPIO implemented Corrective Measures and paid AMD 10,300 to 2 severely AHs. Note 5: LARP envisaged AMD 2,312,000 for court services under all 6 Subsections in Talin-Lanjik; of which AMD 96,000 was spent under Subsection 1, AMD 228,000 – under Subsection 2, AMD 80,000 – under Subsection 3 and AMD 140,000 – under Subsection 4.
LARP Implementation Budget of Lanjik-Gyumri section 136. The Table below summarizes the LARP implementation indicators in communities under Lanjik-Gyumri Section of Subsection 4, as well as presents comparison of planned and actual LARP implementation budgets for this Section. 137. According to the External Monitoring results, the compensation program totalled to AMD 97,484,189 in this Section. Additional AMD 4,518,182 was paid to cover the Corrective Measures implemented by the TPIO in August 2017; as a consequence, the total budget for this Section is totalled to AMD 102,002,370. Table 24. LARP budget of Lanjik-Gyumri Section in the 4th Subsection
Adjusted Planned under Implementatio o/w o/w Under Adjustment Implementation Difference Note LARP n tallies Actual tallies expropriation required Item tallies a. b. b.1 b.2 c. d. b - a d - a No Total land plots 182 182 178 4 0 182 0 0 State land plots 7 8 8 0 0 8 1 1 1 Community land plots 80 79 79 0 0 79 -1 -1 1 Private land plots 95 95 91 4 0 95 0 0 Total affected area, sq.m 328,705 329,202 325,128 4,074 0 329,202 498 498 2 Compensation, AMD Land compensation 42,092,261 42,224,797 42,224,797 1,532,785 0 42,224,797 132,537 132,537 Community land plots 30,211,819 27,595,349 27,595,349 0 0 27,595,349 -2,616,471 -2,616,471 1,2 Private land plots 11,880,441 14,629,448 14,629,448 1,532,785 0 14,629,448 2,749,007 2,749,007 2 Leaseholders(for land) 387,759 387,759 387,759 0 0 387,759 0 0 Crops 10,541,846 11,658,275 11,376,988 281,287 -24,789 11,633,485 1,116,429 1,091,639 2,3 Trees 0 0 0 0 0 0 0 0 Structures and buildings 40,308,573 19,851,048 16,331,888 3,519,160 0 19,851,048 -20,457,525 -20,457,525 4 Transportation 295,000 295,000 270,000 25,000 0 295,000 0 0 Business 1,532,420 1,532,420 0 1,532,420 0 1,532,420 0 0 Employment 4,080,000 0 0 0 4,080,000 4,080,000 -4,080,000 0 5 Relocation 0 0 0 0 0 0 0 0 Vulnerability 6,600,000 7,920,000 7,920,000 0 330,000 8,250,000 1,320,000 1,650,000 6 Severe impact 7,848,134 9,040,890 8,926,485 114,404 132,971 9,173,861 1,192,756 1,325,727 2,7 Registration services 4,414,500 4,410,000 3,983,000 427,000 0 4,410,000 -4,500 -4,500 8 Court services 642,800 164,000 148,000 16,000 0 164,000 -478,800 -478,800 9 Total (AMD) 118,743,293 97,484,189 91,568,919 7,448,055 4,518,182 102,002,370 -21,259,104 -16,740,922 Source: EDRC, External Monitoring Results Note 1: As a result of cadastre map verification, 1 community land plot was re-classified as state-owned. Note 2: Due to design adjustments and cadastre maps verification, the total area of land take for the project needs increased by 498 sq.m, of which the area of private lands increased by 23,445 sq.m, while the area of community lands decreased by 22,947 sq.m.
Economic Development and Research Center, www.EDRC.am 38 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Note 3: Compensation amount decreased by AMD 24,789. Crop compensation for 3 Informal tenant AHs exceeded amount stipulated in LARP by AMD 24,789. As a result of Corrective Measures, implemented by the TPIO in August 17, 2017, AMD 24,789 was called back from 3 Informal tenant AHs. Note 4: Compensation amount decreased by AMD 20,457,525: 1) 5 bus stops were not legalized for which AMD 20,159,885 was envisaged as compensation under LARP. Bus stops are ownership of MOTCIT; they are not subject for compensation, but further restoration where needed. 2) 1 fence for which AMD 297,640 was envisaged as compensation under LARP was not legalized as the owner of the fence remained unknown. Note 5: 8 employees were not paid respective cash indemnities for the employment loss for which AMD 4,080,000 was envisaged as compensation under LARP. As a result of Corrective Measures, implemented by the TPIO in August 16, 2017, AMD 4,080,000 has been transferred to the court account as deposit intended for 8 employees (business associated with the employment loss is currently involved in the Expropriation process). Note 6: Compensation amount increased by AMD 1,650,000 as the number of vulnerable AHs increased by 5. 1 vulnerable AH was not compensated. In August 17, 2017, the TPIO implemented Corrective Measures and paid AMD 330,000 as Rehabilitation Allowance to 1 vulnerable AH. Note 7: 3 AHs were not paid allowances for the project severe impact for which AMD 132,971 was envisaged as compensation under LARP. In August 17, 2017, the TPIO implemented Corrective Measures and paid AMD 132,971 to 3 severely AHs. Note 8: Compensation amount decreased by AMD 4,500: 1 community land was re-classified as state-owned for which no registration fee is envisaged. Note 9: LARP envisaged AMD 1,186,800 for court services under all 6 Subsections in Lanjik-Gyumri; of which AMD 76,000 was spent under Subsection 1, AMD 388,000 – under Subsection 2, AMD 80,000 – under Subsection 3 and AMD 164,000 – under Subsection 4.
Economic Development and Research Center, www.EDRC.am 39 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 VIII. Public Satisfaction
During the external monitoring, based on a questionnaire prepared in advance, structured interviews were held with about 30.4 percent of all AHs in both ADB (25 AHs) and EIB (44 AHs) sections of T3 Subsection 4 (see Table 5 for the survey sample). Data received were compared with the results of desk analysis, in some cases AHs, representative of LSGBs and the TPIO were contacted to verify and cross-check data and information. The interviews also provide a general insight into AH satisfaction with the LARP process. According to the Survey, only 69.6% of AHs (48 AHs, of which 10 AHs are vulnerable) were informed about the Public Hearings and Consultations organized in their communities, 29% (20 AHs) could not answer (mostly because of being absent from the community or not being informed), and only 1 AH noted that no such events were ever organized. 79% of informed AHs or 55% of interviewed AHs (38 AHs, of which 8 AHs are vulnerable) participated in the Public Hearings and Consultations process. The remaining 21% (10 AHs, of which 2 AHs are vulnerable) did not participated because of being short of time (7 AHs), absent from the community (2 AHs), or because of health problems (1 AHs). Most of the participants in these events were men (31 AHs or 82% of AHs participating). 26.3% of participants believed the events were very useful, 63.2% - not so much, 7.9% could not give an answer and the remaining 2.6% (1 AH) believed the events were useless explaining that they didn’t receive any new information. Figure 2. Level of awareness on Public Hearings and Figure 3. Evaluation of Public hearing and Consultations among AHs under 4th Subsection Consultation process in the 4th Subsection41
1.4% 2.6% Total 69.6% 29% 26.3% 63.2% 7.9%
10% ADB 52% 48% 20% 70%
EIB 79.5% 18.2% 28.6% 60.7% 10.7% 2.3%
Yes DA Yes, very useful Yes, but not so useful No DA Source: EDRC, External Monitoring Results All AHs noted that they had been officially notified on the size and principles of compensation. During the official notification stage, all the required documents on DMS and inventory were sent to the all AHs by post (description protocol, maps, etc.). Almost all AHs, except one, agreed with the data on land measurements and site inspections mentioned in the Description Protocols, and 97% of AHs agreed with crop data. Subjective evaluations of AH satisfaction with various LARP implementation processes are shown in Table 25. Complaints mainly referred to the compensation both total and additional amounts (13.2% and 10.7% of all interviewed AHs, respectively.).
41AHs participating in Public Hearings and Consultations.
Economic Development and Research Center, www.EDRC.am 40 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Figure 4.Agreement with data of inventory/measurement in Description protocols in the 4th Subsection
Land Crop
Yes Yes Yes Yes Yes Yes 98% 96% 100% 96% 95% 97%
No No No No No 2% 4% 4% 5% 3% Total ADB EIB Total ADB EIB
Source: EDRC, External Monitoring Results Instead, there were no complaints with respect to payment process. AHs that had already received compensation mentioned they were paid on time, with the exception of one AH that complained about the lengthy process of document verification which resulted in very late transfer/payment of compensation. Only 1.4% of AHs (1 AH) were dissatisfied with the preparation processes of Measurement and Description Protocols and 2.9% (2 AH) - from the Program management and organization42.
Table 25. Satisfaction of AHs from the LARP preparation and implementation processes in the 4th Subsection Completely Partially Not so Very Dissatisfied DA satisfied satisfied satisfied dissatisfied General processes of the Total 53.6% 34.8% 4.3% 1.4% 0.0% 5.8% measurement and Description ADB 48.0% 40.0% 4.0% 0.0% 0.0% 8.0% Protocol formulation EIB 56.8% 31.8% 4.5% 2.3% 0.0% 4.5% Total 43.5% 31.9% 14.5% 4.3% 0.0% 5.8% Valuation of assets and property ADB 32.0% 36.0% 20.0% 4.0% 0.0% 8.0% EIB 50.0% 29.5% 11.4% 4.5% 0.0% 4.5% Total 43.1% 30.8% 9.2% 9.2% 1.5% 6.2% Additional compensation amount ADB (crop, trees and allowances) 26.1% 30.4% 17.4% 13.0% 4.3% 8.7% EIB 52.4% 31.0% 4.8% 7.1% 0.0% 4.8% Total 41.2% 27.9% 11.8% 11.8% 1.5% 5.9% Total amount of compensation ADB 25.0% 25.0% 20.8% 16.7% 4.2% 8.3% EIB 50.0% 29.5% 6.8% 9.1% 0.0% 4.5% Total 91.8% 6.1% 0.0% 0.0% 2.0% 0.0% Payment (transaction) procedure ADB 93.3% 0.0% 0.0% 0.0% 6.7% 0.0% EIB 91.2% 8.8% 0.0%% 0.0% 0.0% 0.0% Program management and Total 59.4% 17.4% 7.2% 2.9% 0.0% 13.0% organization level (TPIO, ADB 56.0% 8.0% 4.0% 8.0% 0.0% 24.0% Implementing Consultant, etc.) EIB 61.4% 22.7% 9.1% 0.0% 0.0% 6.8% Source: EDRC, External Monitoring Results According EMA estimates, 7% of interviewed AHs (2% of all AHs) have complaints or disagreements related to the LARP preparation and implementation processes, 80% of which (4 AHs from 5) did not submit a
42
Economic Development and Research Center, www.EDRC.am 41 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 written complaint or grievance. As a consequence, only 1 interviewed AH submitted written complaints to the GRM (ADB section). All verbal complaints were in EIB section. Figure 5. Disagreements and complaints with respect to LARP preparation and implementation processes in the 4th Subsection
Total 7% 93%
ADB 4% 96%
EIB 9% 91%
Yes No
Source: EDRC, External Monitoring Results
What concerns the reasons for not submitting written grievances and not using the formal institutes of grievances, 1 AH interpreted due to not being aware of grievance procedures (25 percent of AHs that did not submit written complaints). 2 AHs did not submit written grievance since they thought that othervise the problem will be solved through court. Another AH which complained about being listed and compensated for wrong crops, did not submit a written grievance since the amount of eligible compensation would not change considerably.
Table 26.Main reasons of not raising the grievance (in case of disagreements) in the 4th Subsection
EIB Total 1) Do not trust grievance redress system 0.0% 0.0% 2) Redress system is inaccessible /discouraged from applying 0.0% 0.0% 3) Didn’t know how and where to apply 25% 25% 4) Alleged corruption 0.0% 0.0% 5) Intimidation 0.0% 0.0% 6) Other 75% 75% Source: EDRC, External Monitoring Results Under ADB section, the grievance subject was incorrect calculation of compensation due to the fact that the AH did not receive vulnerability allowance despite being eligible for it. As for the EIB section, two of AHs that had verbal complaints or disagreements were dissatisfied with the assessment of harvest to be received from the land plot and/or crop assessment. One AH would prefer if the compensation would be paid per owners, another AH complained that they were registered as a land user/tenant, while being the land owner.
Table 27.Main subject of grievance (multiple responses) in the 4th Subsection ADB EIB Total 1. Measurement data of land and/or structure 0.0% 0.0% 0.0% 2. Compensation amount on land and/or structure and/or business 0.0% 0.0% 0.0% 3. Assessment of crop and/or tree losses 0.0% 50% 40% 4 Inadequate information or poor consultation about the entitlements 0.0% 0.0% 0.0% 5. Miscalculation of total compensation 100% 0.0% 20% 6. Other 0.0% 50% 40% Source: EDRC, External Monitoring Results
Economic Development and Research Center, www.EDRC.am 42 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Complaints or disagreements were presented to the TPIO. The submitted written grievance was responded in writing and was resolved positively. As for the 4 verbal grievances, the response to only one of them was satisfactory to the AH, while the other three AHs were not satisfied with the response43. Key findings Overall satisfaction from LARP implementation processes in Subsection 4 is ranked as sufficiently high.
43For details on grievances see Section IV (subsection C) of the present report.
Economic Development and Research Center, www.EDRC.am 43 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 IX. EMA Conclusion on LARP Implementation in Talin-Lanjik Section (ADB)
During the external monitoring of North-South Road Corridor Investment Project Tranche 3 Subsection 4 LARP implementation, all activities envisaged by the methodology were carried out, including a number of quantitative and qualitative research methods. The level of confidence of collected data and accuracy of results is quite high and allow drawing conclusions. In particular, as a result of compliance review of LARP implementation in Tranche 3 Talin-Lanjik Subsection 4 the followings are identified:
1) Project impact area covered 99 land plots in 3 rural communities (including 1 state, 37 community and 61 private land plots) with total area of 174,521 sq. m. 80 HHs were affected, including 1 in Akunq, 2 in Talin and 77 in Mastara communities. 63 AHs out of all in the affected area were land owners of private land. 16 AHs were affected as informal tenants. 2) 21 AHs were vulnerable, while 16 of them were poor. 10 AHs were severely affected under Subsection 4. 3) Crops were also affected. There were no cases of impact on trees, buildings/structures, loss of business or employment, neither were relocation cases. 4) Planned and actual (implementation) indicators of LARP mostly coincided. 1 owner and 2 Informal tenants on community land plots were not fully compensated. Respective corrective measures have been implemented by the TPIO. 5) Total LARP implementation budget under Subsection 4 amounted to AMD 27,264,561; of which AMD 340,300 was spent as Corrective measures. 6) Institutional structure and management of LARP Implementation comply with defined provisions. Satisfaction from Project management and organization level is quite high among AHs. 7) Public hearings and APs awareness increasing processes were organized in line with LARP provisions – prior to the start date of LARP Implementation. 20 percent of AHs believed this process was very useful, while 70 percent - not so useful. 8) Grievance Redress mechanism and Grievance Review Group were established. 2 complaints were submitted under Talin-Lanjik section of Subsection 4 and were adequately processed. Complaints were solved in favor of APs. 9) LARP was implemented under circumstances of average satisfaction level of AHs. 10) As of the date of preparation of the current Report, 33 private land plots (with total length of 635m) still remain in the Expropriation process under Subsection 4. Taking into account the above listed findings, the EMA recommended the following Corrective measures, which have been implemented by the TPIO in August 2017: a) Payment of one-off Rehabilitation Allowance for vulnerability to the owners of private land in Mastara (1 AH, lot-code 02-069-0347-0057) (AMD 330,000), b) Payment of one-off Rehabilitation Allowance for the project severe impact to the Informal tenant on Talin community land (lot-code 02-003-0228-0001) (AMD 6,494); c) Payment of one-off Rehabilitation Allowance for the project severe impact to the Informal tenant on Mastara community land (lot-code 02-069-0347-0060) (AMD 3,807). Based on the above mentioned findings, and based on completion of Corrective measures mentioned above, we believe that, LARP implementation in the 4th Subsection of Talin-Lanjik section is effectively completed in compliance with operation procedures and with the consent of APs for 66 out of 99 land plots. Expropriation process is still ongoing for the remaining 33 private land plots (see Appendix 1 and 2). For these 33 ongoing expropriation cases the LARP implementation will be considered as successfully completed when the court decisions on acquisition enter into force which will be certified by EMA in separate confirmation letter.
Economic Development and Research Center, www.EDRC.am 44 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 X. EMA Conclusion on LARP Implementation in Lanjik-Gyumri Section (EIB)
During the external monitoring of North-South Road Corridor Investment Project Tranche 3 Subsection 4 LARP implementation, all activities envisaged by the methodology were carried out, including a number of quantitative and qualitative research methods. The level of confidence of collected data and accuracy of results is quite high and allow drawing conclusions. In particular, as a result of compliance review of LARP implementation in Tranche 3 Lanjik-Gyumri Subsection 4 the followings are identified:
1) Project impact area covered 182 land plots in 3 rural communities (including 8 state, 79 community and 95 private land plots) with total area of 329,202 sq. m. 148 HHs were affected, including 7 in Beniamin, 53 in Lusakert and 88 in Horom communities. 107 AHs out of all in the affected area were land owners of private land. 34 AHs were affected as informal tenants, while 7 were affected as leaseholders. 2) 25 AHs were vulnerable, while 19 of them were poor. 61 AHs were severely affected under Subsection 4. 3) Crops, business/employment as well as buildings/structures were also affected. There were no cases of impact on trees, neither were relocation cases. 4) Planned and actual (implementation) indicators of LARP mostly coincided. 1 owner, 8 employees (APs) and 5 Informal tenants on community land plots were not fully compensated. Respective corrective measures have been implemented by the TPIO. 5) Total LARP implementation budget under Subsection 4 amounted to AMD 102,002,370; of which AMD 4,518,182 was spent as corrective measures. 6) Institutional structure and management of LARP Implementation comply with defined provisions. Satisfaction from Project management and organization level is quite high among AHs. 7) Public hearings and APs awareness increasing processes were organized in line with LARP provisions – prior to the start date of LARP Implementation. 28.6 percent of AHs believed this process was very useful, while 60.7 percent - not so useful. 8) Grievance Redress mechanism and Grievance Review Group were established. 5 complaints were submitted under Lanjik-Gyumri section of Subsection 4 and were adequately processed. 1 complaint was solved in favor of AP, while 4 were rejected. 9) LARP was implemented under circumstances of quite high satisfaction level of AHs. 10) As of the date of preparation of the current Report, 4 private land plots (with total length of 1 km 50m) still remain in the Expropriation process under Subsection 4. Taking into account the above listed findings, the EMA recommended the following Corrective measure, which has been implemented by the TPIO in August 2017: a) Payment of one-off Rehabilitation Allowance for vulnerability to the owners of private land in Horom (1 AH, lot-code 08-067-0140-0006) (AMD 330,000), b) Payment of one-off Rehabilitation Allowance for the project severe impact to 3 Informal tenants on Lusakert community land (lot-code 08-048-0101-0001) (AMD 61,974); c) Payment of one-off Rehabilitation Allowance for the project severe impact to the Informal tenant on Beniamin community land (lot-code 08-027-0111-0001) (AMD 49,208); d) Payment of one-off Rehabilitation Allowance for the project severe impact to the Informal tenant on Beniamin community land (lot-code 08-027-0110-0009) (AMD 21,790); e) To receive back AMD 24,789 paid as crop compensation to 3 Informal tenants on Lusakert community land (lot-code 08-048-0101-0001); f) Payment of one-off cash indemnities for the employment loss to 8 employees (APs) on private land in Horom (lot-code 08-067-0112-0001) (AMD 4,080,000).
Economic Development and Research Center, www.EDRC.am 45 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Based on the above mentioned findings, and based on completion of Corrective measures mentioned above, we believe that, LARP implementation in the 4th Subsection of Lanjik-Gyumri section is effectively completed in compliance with operation procedures and with the consent of APs for 178 out of 182 land plots. Expropriation process is still ongoing for the remaining 4 private land plots (see Appendix 1 and 2). For these 4 ongoing expropriation cases the LARP implementation will be considered as successfully completed when the court decisions on acquisition enter into force which will be certified by EMA in separate confirmation letter.
Economic Development and Research Center, www.EDRC.am 46 Appendix 1.The summary description of ongoing expropriation cases in T3 LARP 4th Subsection44
Community, Ownership Land type, Vulnerability, The next court N Cadastral Road PKs Description of the court case status improvements Severe Impact session lot-code Talin-Lanjik (ADB section) Issue: Power of attorney km 77+170- Land co-owners are absent from the Republic of Mastara 02- private, arable land, 1 km 77+190 - Armenia and have no possibility to send a power of 09/10/2017 069-0347-0014 land-owner crops (20m) attorney which resulted the land acquisition process initiated by the court. Issue: Unidentified/Unknown owner by the cadaster, inheritance right registration Based on reference provided by the Head of Unidentified km 77+060- Mastara community, the land owner is unknown. It Mastara 02- arable land, 2 owners/ km 77+070 - is known from cadastre that Mr. Andranik 26/10/2017 069-0347-0020 crops illegal user (10m) Hakobyan, the owner of the land died and the latter has not registered any person's right to inheritance. As a result, the land acquisition process was initiated by court. Issue: Inheritance right registration The owner of the land died and the heirs’ rights to the inheritance did not have state registration. As a private, km 77+050- Mastara 02- arable land, result of above, the land acquisition process was 3 land-owner/ km 77+060 - 26/10/2017 069-0347-0021 crops initiated by court. It is envisaged to receive illegal user (10m) information (reference letter) from the community about the heirs actually received inheritance and to be involved in the court case as a respondent. Issue: Inheritance right registration The owner of the land died and the heirs’ rights to private, km 76+920- the inheritance did not have state registration. As a Mastara 02- arable land, 4 land-owner/ km 76+930 - result of above, the land acquisition process was 26/10/2017 069-0347-0029 crops illegal user (10m) initiated by court. It is envisaged to receive information (reference letter) from the community about the heirs actually received inheritance and to
44 The list was provided by TPIO. NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
be involved in the court case as a respondent. Issue: Injunction km 76+485- Mastara 02- private, arable land, As per the information provided by cadaster, the 5 km 76+495 - 09/10/2017 069-0347-0052 land-owner crops land was under injunction. As a result, the land (10m) acquisition process was initiated by court. Issue: Unidentified/Unknown owner by the cadaster, inheritance right registration Based on reference provided by the Head of Mastara community, the land owner is unknown. As a result, the land acquisition process was initiated Unidentified km 76+465- Mastara 02- arable land, by court. It is known from cadastre that Mr. Mihran 6 owners/ km 76+475 - 26/10/2017 069-0347-0054 crops Hovhannisyan, the owner of the land died and the illegal user (10m) latter has not registered any person's right to inheritance. It is planned to get legal documents and information (reference letter) from the community about the heirs actually received inheritance and to be involved in the court case as a respondent. Issue: Power of attorney private, km 76+450- Land co-owners are absent from the Republic of Mastara 02- arable land, 7 land-owner/ km 76+457 - Armenia and have no possibility to send a power of 09/10/2017 069-0347-0056 crops illegal user (7m) attorney which resulted the land acquisition process initiated by the court. Issue: Registration of inheritance right The owner of the land died and the heirs’ rights to the inheritance did not have state registration. As a private, km 76+410- Mastara 02- arable land, result of above, the land acquisition process was 8 land-owner/ km 76+425 - 26/10/2017 069-0347-0058 crops initiated by court. It is envisaged to receive illegal user (15m) information (reference letter) from the community about the heirs actually received inheritance and to be involved in the court case as a respondent. Lanjik-Gyumri (IEB section) Issue: Disagreement with the amount of km 107+030 compensation Horom 08-067- private/ 1 km 107+140 commercial - The owner has disagreement with the amount of 13/10/2017 0112-0001 leased (110m) compensation and requests to alienate not affected part of the land plot. Total number of court cases is 9, from which 8 are in ADB and 1 in EIB financed sections.
Economic Development and Research Center, www.EDRC.am 48 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 Appendix 2. Tranche 3 road scheme with LARP implementation status per 6 subsections45 (the scheme is updated as of October 09, 2017)
The scheme is attached separately in Excel format
45 The scheme was provided by the TPIO.
Economic Development and Research Center, www.EDRC.am 49 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4 Appendix 3. Description of impact and compensation changes during the LARP implementation of 4th subsection of Tranche 346
LARP LARP Change of LARP implementation. No Subsection Community Cadastral lot-code Affected land plot Surface Description of the change reasons section Affected land plot (sq. m.) (sq. m.) (sq. m.)
1 EIB 4 Horom 08-067-0142-0019 2.432 3.733 6.165 During the LARP implementation the design consultant informed that the additional 5 m wide segments of existing lands between the designed secondary road and the main road to be constructed should 2 EIB 4 Horom 08-067-0142-0020 1.095 586 1.681 be alienated. As a result, the compensations for the land plots have been 3 EIB 4 Horom 08-067-0142-0021 8.602 629 9.232 recalculated based on the affected surfaces changes.
The land plot was included in LARP legalization/correction plan because of the cadastral overlap issue. Cadastral correction has been made, due to it the alienating surface has become 10.681,7 sq. m. and 4 EIB 4 Horom 08-067-0142-0028 12.082 -1.401 10.682 the compensation amount 884,445 AMD, on the basis of it the land was alienated. Recalculations were made by appraisers based on the surface changes. 5 EIB 4 Horom 08-067-0111-0001 3.804 853 4.657 6 EIB 4 Horom 08-067-0111-0002 588 249 837 7 EIB 4 Horom 08-067-0111-0003 71 194 265 8 EIB 4 Horom 08-067-0111-0004 313 193 506 9 EIB 4 Horom 08-067-0111-0005 493 210 703 During the LARP implementation the design consultant informed that 10 EIB 4 Horom 08-067-0111-0006 261 100 361 the additional 5 m wide segments of existing lands between the designed secondary road and the main road to be constructed should 11 EIB 4 Horom 08-067-0111-0007 295 108 403 be alienated. 12 EIB 4 Horom 08-067-0111-0008 484 163 647 As a result, the compensations for the land plots have been 13 EIB 4 Horom 08-067-0111-0009 439 160 600 recalculated based on the changes of affected surfaces. 14 EIB 4 Horom 08-067-0111-0010 497 209 705 15 EIB 4 Horom 08-067-0111-0011 314 209 523 16 EIB 4 Horom 08-067-0111-0012 134 190 324 17 EIB 4 Horom 08-067-0111-0013 133 207 340
46 The list with descriptions was provided by the TPIO.
Economic Development and Research Center, www.EDRC.am 50 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
LARP LARP Change of LARP implementation. No Subsection Community Cadastral lot-code Affected land plot Surface Description of the change reasons section Affected land plot (sq. m.) (sq. m.) (sq. m.) 18 EIB 4 Horom 08-067-0111-0014 74 103 178 19 EIB 4 Horom 08-067-0111-0015 215 186 401 20 EIB 4 Horom 08-067-0111-0016 312 189 501 21 EIB 4 Horom 08-067-0111-0017 633 297 930 22 EIB 4 Horom 08-067-0111-0018 583 207 790 23 EIB 4 Horom 08-067-0111-0019 565 199 764 24 EIB 4 Horom 08-067-0111-0020 513 189 702 25 EIB 4 Horom 08-067-0111-0021 294 106 401
During the LARP implementation the inconsistencies were discovered between the land property certificate and cadastral digital map. In the land property certificate the total surface of the land plot is 11500 sq. m. but in the cadastral digital map it is 16453.6 sq. m. The owner has made the correction of the land property certificate based on the cadastral digital map information. 26 EIB 4 Horom 08-067-0111-0022 881 310 1.191 At the same time, during the LARP implementation the design consultant informed that additional 5 m wide segments of existing lands between the designed secondary road and the main road to be constructed should be alienated. As a result, the compensation for the land plot has been recalculated based on the affected surface changes.
27 EIB 4 Horom 08-067-0111-0024 294 109 403 28 EIB 4 Horom 08-067-0111-0025 519 209 727 During the LARP implementation the design consultant informed that 29 EIB 4 Horom 08-067-0111-0026 441 198 638 the additional 5 m wide segments of existing lands between the 30 EIB 4 Horom 08-067-0111-0027 240 108 348 designed secondary road and the main road to be constructed should 31 EIB 4 Horom 08-067-0111-0028 584 280 864 be alienated. As a result, the compensations for the land plots have been 32 EIB 4 Horom 08-067-0111-0029 206 111 317 recalculated based on the affected surfaces changes. 33 EIB 4 Horom 08-067-0111-0030 208 117 325 34 EIB 4 Horom 08-067-0111-0031 272 175 447
Economic Development and Research Center, www.EDRC.am 51 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
LARP LARP Change of LARP implementation. No Subsection Community Cadastral lot-code Affected land plot Surface Description of the change reasons section Affected land plot (sq. m.) (sq. m.) (sq. m.) 35 EIB 4 Horom 08-067-0111-0032 720 596 1.315 36 EIB 4 Horom 08-067-0111-0033 809 346 1.155 37 EIB 4 Horom 08-067-0111-0034 499 404 903 38 EIB 4 Horom 08-067-0111-0035 932 763 1.695 39 EIB 4 Horom 08-067-0111-0036 767 603 1.370 40 EIB 4 Horom 08-067-0111-0037 1.095 877 1.972 41 EIB 4 Horom 08-067-0111-0038 1.658 1.391 3.049 42 EIB 4 Horom 08-067-0111-0039 570 496 1.067 43 EIB 4 Horom 08-067-0111-0040 1.083 939 2.022 44 EIB 4 Horom 08-067-0111-0041 1.633 1.449 3.082 45 EIB 4 Horom 08-067-0111-0042 1.373 1.358 2.732 46 EIB 4 Horom 08-067-0111-0043 650 668 1.318 47 EIB 4 Horom 08-067-0111-0044 4.005 2.362 6.367
The land plot was included in LARP legalization/correction plan because of the cadastral overlap issue. Cadastral correction has been made, due to it the alienating area decreased by 80.01 sq. m. (45.28 48 EIB 4 Horom 08-067-0746-0001 13.302 -80 13.222 sq. m. and 34.71 sq. m.) and the compensation amount has become 5,980 AMD, on the basis of it the land was alienated. Recalculations were made by the appraisers based on the surface changes.
The land plot was included in LARP legalization/correction plan because of the cadastral overlap issue. Cadastral correction has been made, due to it the alienating surface has become 544.2 sq. m. and 49 EIB 4 Horom 08-067-0537-0001 983 -439 544 the compensation amount 45,060 AMD, on the basis of it the land was alienated. Recalculations were made by the appraisers based on the surface changes.
Economic Development and Research Center, www.EDRC.am 52 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
LARP LARP Change of LARP implementation. No Subsection Community Cadastral lot-code Affected land plot Surface Description of the change reasons section Affected land plot (sq. m.) (sq. m.) (sq. m.)
During the LARP implementation the inconsistencies were discovered between the land property certificate and cadastral digital map. In the land property certificate the total surface of the land plot is 16700 sq. m. but in the cadastral digital map it is 10685.23 sq. m. With the 50 EIB 4 Horom 08-067-0139-0021 849 101 950 assistance of IC the correction of cadastral digital map was made at the LARP implementation stage. TPIO has provided map for total land plot to the owner to make correction, than the land plot was alienated.
During the LARP implementation, the design consultant informed that not alienated 4.92 sq. m. land plot also should be additionally alienated in terms of unreasonably small section for agricultural 51 EIB 4 Lusakert 08-048-0109-0159 4.480 5 4.485 works. As a result, the compensation for the land plot has been recalculated based on the affected surface changes.
The land plot was included in LARP legalization/correction plan because of the cadastral overlap. Cadastral correction has been made, due to it the alienating surface has become 7748.9 sq. m. and the 52 EIB 4 Beniamin 08-027-0115-0001 8.088 -339 7.749 compensation amount 737,253 AMD. Recalculations were made by the appraisers based on the surface changes.
The land plot was included in LARP legalization/correction plan because of the cadastral overlap issue. Cadastral correction was made; the alienated surface became 5211.4 sq. m. and the 53 EIB 4 Beniamin 08-027-0114-0001 5.471 -259 5.211 compensation amount 377,566 AMD. Recalculations were made by the appraisers based on the surface changes.
Economic Development and Research Center, www.EDRC.am 53 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
LARP LARP Change of LARP implementation. No Subsection Community Cadastral lot-code Affected land plot Surface Description of the change reasons section Affected land plot (sq. m.) (sq. m.) (sq. m.)
The land plot was included in LARP legalization/correction plan because of the cadastral overlap issue. Cadastral correction has been made, due to it the alienating surface has become 3824.53 sq. m. and the compensation amount 679,387 AMD. It shall be noted, that the 54 EIB 4 Beniamin 08-027-0112-0117 15.382 -11.558 3.825 land plot of 11557.76 sq. m., according to the information provided by cadastre, is a property of RA and as a result it wasn't compensated. Recalculations were made by the appraisers based on the surface changes.
The land plot was included in LARP legalization/correction plan because of the cadastral overlap issue. Cadastral correction has been made, due to it the alienating surface has become 1127.35 sq. m. and the compensation amount 130,806 AMD. It shall be noted, that the 55 EIB 4 Beniamin 08-027-0111-0001 8.821 -7.693 1.127 land plot of 7692.65 sq. m., according to the information provided by cadastre, is a property of RA and as a result wasn't compensated. Recalculations were made by the appraisers based on the surface changes.
The land plot was included in LARP legalization/correction plan because of the cadastral overlap issue. Cadastral correction has been made, due to it the alienating surface has become 1424.1 sq. m. and 56 EIB 4 Beniamin 08-027-0001-0012 1.810 -386 1.424 the compensation amount 109.726 AMD. There is an illegal structure (fence 5.97 sq. m.) estimated 297.640 AMD for which no compensation has been provided, also. Recalculations were made by the appraisers based on the surface changes.
The land plot was included in LARP legalization/correction plan because of the cadastral overlap issue. Cadastral correction has been made, due to it the alienating surface has become 213.9 sq. m. and 57 EIB 4 Beniamin 08-027-0104-0001 581 -367 214 the compensation amount 11,807 AMD. Recalculations were made by the appraisers based on the surface changes/letter N 1446/1, 06.09.2016
Economic Development and Research Center, www.EDRC.am 54 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
LARP LARP Change of LARP implementation. No Subsection Community Cadastral lot-code Affected land plot Surface Description of the change reasons section Affected land plot (sq. m.) (sq. m.) (sq. m.) The land plot was included in LARP legalization/correction plan because of the cadastral overlap issue. Cadastral correction has been made, due to it the alienating surface has become 89.6 sq. m. and the 58 EIB 4 Beniamin 08-027-0104-0002 329 -239 90 compensation amount 7,831 AMD. Recalculations were made by the appraisers based on the surface changes.
The land plot was included in LARP legalization/correction plan because of the cadastral overlap issue. Cadastral correction has been made, due to it the alienating surface has become 757.5 sq. m. and 59 EIB 4 Beniamin 08-027-0103-0003 944 -186 758 the compensation amount 66,206 AMD. Recalculations were made by the appraisers based on the surface changes.
During the LARP implementation, the design consultant informed that not alienated 22.06 sq. m. land plot also should be additionally alienated in terms of unreasonably small section for further 60 ADB 4 Talin 02-003-0205-0021 512 22 535 agricultural usage. As a result, the compensation for the land plot has been recalculated based on the affected surface changes.
During the LARP implementation, the design consultant informed that not alienated 23.53 sq. m. land plot also should be additionally alienated in terms of unreasonably small section for further 61 ADB 4 Talin 02-003-0229-0067 1.113 24 1.137 agricultural usage. As a result, the compensation for the land plot has been recalculated based on the affected surface changes.
Economic Development and Research Center, www.EDRC.am 55 NORTH-SOUTH ROAD CORRIDOR INVESTMENT PROJECT, TRANCHE 3 (TALIN-LANJIK, LANJIK-GYUMRI), LARP IMPLEMENTATION COMPLIANCE REPORT, SUBSECTION 4
Appendix 4. Summary of LARP-completed sections of 4rd subsection as of October 09, 2017 47
LARP-free sections in Talin-Lanjik (ADB) road LARP-free sections in Lanjik-Gyumri (EIB) road section section km, start km, end Length, m km, start km, end Length, m 74,350 74,100 250 107,000 104,650 2,350 74,900 74,450 450 108,600 107,200 1,400 76,900 76,550 350 111,600 109,700 1,900 77,050 77,000 50 Total 5,650 77,400 77,250 150 Total 1,250
47 The sections are presented excluding the ongoing 9 court cases.
Economic Development and Research Center, www.EDRC.am 56