Updated Land Acquisition and Resettlement Plan November 2018 Main Report – Part 2 of 2 PAK: Central Asia Regional Economic Cooperation Regional Improving Border Services Project – Torkham Border Prepared by the Federal Board of Revenue, Government of Pakistan for the Asian Development Bank. This is an updated version of the draft originally posted in May 2015 available on http://www.adb.org/projects//46378-002/documents. This updated land acquisition and resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. SECTION 2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT 2.1 OBJECTIVES OF LAND ACQUISITION AND RESETTLEMENT PLAN 36. Main objective of the LARP is to identify the physically and economically affected persons, assess the impacts on APs, provide compensation to APs, and develop a mechanism to implement LARP. For Torkham BSIP, LARP is prepared by Federal Board of Revenue (FBR) as per resettlement policy provisions defined for the project consistent with requirements of ADB’s Involuntary Resettlement Policy requirement-II under SPS 2009 and the Frontier Crimes Regulations (FCR) 1901. It identifies the APs, assesses all project impacts and sets out objectives, principles, compensation criteria and public participation mechanisms to rehabilitate the APs. For updating the LARP, socio-economic survey and census of APs is carried out in the project area. The impacts are identified, assessed and linked with respective APs. 2.2 SCOPE OF LARP 37. The updated LARP includes identification, evaluation and compensation of land and non-land assets, and collection of census data linked with impacts to determine impact significance and compensation entitlement against each asset lost including measures to rehabilitate and restore APs’ living standard at pre-project level. 2.3 SCOPE OF LAND ACQUISITION 38. As per master plan of the Torkham BCP, about 59.3125 acres of the land will be required to construct new trade terminal and allied facilities, including 5.3125 acres for passenger terminal and 54 acres for the trade terminal. In the passenger terminal 2.18 (41%) acres land is owned by the political administration which will be handed over to the proposed project as when required. The remaining 3.125 (59%) acres is communal land. Negotiations with the tribe by the Political Administration for leasing of 3.125 acres communal land is underway and lease agreement of this land will be finalized by 30 November, 2018. Of the land required for the trade terminal, 37.5 (66%) acres is communal land which is owned by three clans of Khuga Khel clan of Shinwari Pashtun tribe and has been leased for 99 years lease from the Khuga Khel tribe with the annual increase of 5%. About 16.5 (34%) acres is leased by the army from the tribe. NOC of this Army land has been issued by the relevant department of Pakistan Army (attached as annex-II). Location plan of the trade and passenger terminal is in figure 2.1. In tribal areas, generally the land is regarded as power source and symbolically it embeds the link one individual has with his ancestors who inhabited and used that land before. Selling land is not considered honorable practice. Land is either provided free of cost in community’s interest or leased out to government for execution of public interest project in the area. Such leases are for longer period based on mutually agreed terms and conditions for lease tenure, rate and compensation payment mechanism. Accordingly, instead of giving-up the land title by selling it to government on permanent basis, the local community (Khuga Khel clan of Shinwari Pashtun tribe has agreed to lease their land based on mutually negotiated terms and conditions. An agreement has been signed with the Khuga Khel tribe of 300 kanal (37.5 acres) to lease the land for 99 years. NLC will provide Rs.20 million every year to the Khuga Khel with the increase of 5% and give Rs. 600 from every truck. Table 2.1 below show details of land subject to acquisition with respect to title and land use pattern. P a g e | 16 Figure 2.1: Location Plan of the Trade and Passenger Terminal P a g e | 17 Table 2.1: Summary of Land Use10 A. Export Yard Quantification Sr. No. Description Area (Acres) 1 Built-Up 1.00 2 Barren Land 19.81 3 Road 1.33 4 Existing Petrol Pump 1.13 Total 22.14 B. Import Yard Quantification Sr. No. Description Area (Acres) 1 Built-Up 0.52 2 Barren Land 31.34 Total 31.86 C. Passenger Terminal Quantification Sr. No. Description Area (Acres) 1 Built-Up 1.86 2 Barren Land 3.45 Total 5.31 Grand Total A+B+C 59.31 Plate 8: General view the Proposed Trade Plate 9: A view of the Proposed Passenger Terminal Terminal 2.4 LOSS OF TREES 39. Data regarding trees (wood and fruit trees) was collected through field survey. All the trees are on the communal land and owned by the local community of Khuga Khel tribe. These wood trees belong to three different species. Table 2.2 below provides the list of impacted trees with sizes. Table 2.2: List of Trees Sr. No Species Total Girth Size Ownership Non-Fruit (wood) Trees 1 Acacia Nilotica 8 Below 75” Khuga Khel tribe 2 Mulberry 1 Below 30” Khuga Khel tribe 3 Eucalyptus 29 Below 49” Khuga Khel tribe Total 38 10 Based on GIS Calculation P a g e | 18 2.5 LOSS OF STRUCTURES 40. 75 structures owned by 52 persons will be affected. Most of whom are living in Torkham and Landi Kotal. A. Affected Structures in the Trade Terminal Area 41. At the import export terminal area, 54 structures of different sizes and dimensions including 7 residential structures and 47commercial structures comprising grocery store, tyre repairing shops, saloon, hotels, 2-rooms, 2-weigh stations and one petrol pump. Important Infrastructures mark on the satellite imagery of the project is attached as figure 2.2. 42. Out of the 54 structures, 7 commercial structures (1 petrol pump, 2 weigh stations, 2 cabin and 1 hotel) are on land leased by the army. Table 2.3 below provides summary about asset type, type of construction and affected area. Plate 10: A view the affected Petrol Plate 11: Affected Weigh Station Table 2.3: Details of Affected Infrastructure in the Trade Terminal Area Sr. Description Quantity Pacca Semi Katcha Kiosk No. Structure Pacca 1 Kiosk(general 25 25 store/tyre repairing) 2 Tyre repairing shop 2 1 1 3 Hotels and one 11 1 10 grocery Store 4 Saloon 1 1 5 Tandoor 3 3 6 Rooms 2 2 7 Weigh station 2 2 8 Petrol pump 1 1 9 Houses 7 1 6 Total 54 10 12 7 25 B. AffectedStructures in the Passenger Terminal Area 43. Following infrastructure fall in the passenger terminal area (Figure 2.3 shows Important structures exist in the Passenger Terminal area); P a g e | 19 Table 2.4: Details of Affected Infrastructure in Passenger Terminal Area Semi Sr. No. Description Quantity Pacca Structure Katcha Pacca 1 Shops 9 9 0 0 Markets-3 (10 2 10 7 3 Shops) 3 Katcha room 2 2 Total 21 16 3 2 2.6 IMPACT ON INCOME/LIVELIHOOD 44. Businesses (petrol pump and weigh stations) will be kept intact and operational until these are constructed in their allocated place in the new terminal or nearby land as agreed in result of ongoing consultations between the local Jirga, PA and FBR. Thereby, these business owners and their employees will face no loss of income/livelihood. 45. The owners of the shops and hotels prefer cash compensations for the business premises (land) and they will shift to other population centers available in the vicinity to re- establish their business such as in Torkham and Landi Kotal. Out of the total 52 APs 34 APs own 48 operational commercial structures. While remaining 18 APs are 7 house owners and 11 non-operational commercial structures fall in the passenger terminal area. Income-level of the commercial APs are given in below table. Table 2.5: Income level of the Commercial APs Sr. Type of Affected Infrastructure No. Grocery Tyre Hotel Other (Petrol Total Shop Repairing Pump, weigh Shop stations, Saloon Income Group etc. 1 Up to 15,000 2 3 0 1 6 2 15,001-30,000 4 6 2 1 13 3 30,001-50,000 4 0 3 0 7 4 51,001-75,000 1 0 4 0 5 5 75,001 and 0 0 0 3 above 3 Total 11 9 9 5 34 P a g e | 20 Figure 2.2: Important Structures in Trader Terminal Area P a g e | 21 Figure 2.3: Important Structures in Passenger Terminal Area P a g e | 22 2.7 Impact on Livelihood of the Employees Working on Shops and Hotels 46. The employees of the shops and hotels are treated as indirect/secondary affectees and will be eligible for assistance due to the loss of livelihood, employment, and work opportunity (full-time/part time) due to the dislocation.