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Tranche 3: Tbilisi-Rustavi Urban Link (Section 2 Part A)

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Tranche 3: Tbilisi-Rustavi Urban Link (Section 2 Part A) Resettlement Plan October 2014 GEO: Sustainable Urban Transport Investment Program — Tranche 3 Tbilisi–Rustavi Urban Link (Section 2 part A) Prepared by the Municipal Development Fund of Georgia for the Asian Development Bank. This is a revised version of the draft originally posted on August 2013 available on http://www.adb.org/projects/documents/sustainable-urban-transport-investment-program-t3- tbilisi-rustavi-rp This 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. 2 Resettlement Planning Document Land Acquisition and Resettlement Plan Document Stage: Final Project Number: 42414 October 2014 Georgia: Sustainable Urban Transport Investment Program (SUTIP – 3063-GEO) Tbilisi – Rustavi Urban Link – Section 2 Part A Prepared by Municipal Development Fund of Georgia. The 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. 3 CURRENCY EQUIVALENTS (as of 27 September 2014)1 Currency Unit – Georgian Lari (GEL) United States Dollar (USD, $) GEL 1.00 = USD 0.5695 USD 1.00 = GEL 1.7560 ABBREVIATIONS ADB Asian Development Bank AP Affected Person DMS Detailed Measurement Survey GoG Government of Georgia GRC Grievance Redress Commute HH Household IA Implementing Agency IDP Internally Displaced Person (refugee) IM Independent Monitor km Kilometre LAR Land Acquisition and Resettlement LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan MDFG Municipal Development Fund of Georgia MFF Multitranche Facility MoESD Ministry of Economy and Sustainable Development MoF Ministry of Finance MRA Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees NAPR National Agency of Public Registry NGO Non-Governmental Organization PFR Periodic Financing Request RoW Right of Way RU Resettlement Unit SPS Safeguard Policy Statement SUTIP Sustainable Urban Transport Investment Project sq.m. Square Meter ToR Terms of Reference 1 https://www.nbg.gov.ge/index.php?m=582&lng=eng 4 GLOSSARY Affected Household – All members of a household, residing under one roof and operating as a single economic unit, who are adversely affected by the Project or any of its components. It may consist of a single nuclear family or an extended family group. Affected Person – Any legal or natural person affected by Project-related changes in use of land, water, natural resources, or income losses. Beneficiary Community – All persons and households, situated within the government-owned or acquired property, who voluntarily seek to avail and be part of the Project and represented by a community association that is duly recognized by the community residents, accredited by the local government, and legally registered with the appropriate institutions. Compensation – Payment in cash or in kind of the replacement cost of the acquired assets. Entitlement – Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Host population – Community residing near the area where the Project beneficiaries propose to voluntarily resettle as part of the Project. Improvements – Structures constructed (dwelling unit, fence, waiting sheds, animal pens, utilities, community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution, or organization. Land Acquisition – The process whereby a person is compelled by a government agency to alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for a consideration. Non-Viable Land (or “Orphan” Land): Land that is affected partially but to such to an extent that the remainder is not usable. Owner with Full Registration: Owner registered in the Public Register, who holds documents certifying ownership (abstract from the Public Register and cadastral drawing) and holds all rights to dispose of the land plot (alienate it). Legalizable Owner – Unregistered owner, who can register his/her rights to property in the Public Register upon the presentation of legal documents, such as documents certifying heritage or ownership. Replacement Cost – The value determined to be fair compensation for land based on its productive potential, the replacement cost of houses and structures (current fair market price of building materials and labor without depreciation or deductions for salvaged building material), and the market value of residential land, crops, trees, and other commodities. Resettlement – All measures taken to mitigate any and all adverse impacts of the Project on AP’s property and/or livelihood, including compensation, relocation (where relevant), and rehabilitation of the damaged/removed infrastructure and installations. Sacrebulo (Village) – Village level self-government unit Severely Affected People – In the context of the Project, severely affected people include: physically displaced households (those who lose their primary residence); households losing 5 10% or more of their productive, income generating assets; and business owners losing their business partially or temporarily. Vulnerable People – In the context of the Project and consistent with the LARF, vulnerable people include affected households below poverty line, households headed by women, disabled people, and Internally Displaced People (refugees). 6 TABLE OF CONTENTS EXECUTIVE SUMMARY 9 CHAPTER 1. INTRODUCTION 14 1.1 Project Overview ............................................................................................................ 14 1.2 LAR-Related Conditionalities ......................................................................................... 16 CHAPTER 2. IMPACT ASSESSMENT AND AP CENSUS 21 2.1 Data Collection Methodology ......................................................................................... 21 2.2 Impacts Assessment ...................................................................................................... 21 2.3 Number of Affected Households / Legal Entities and Persons ........................................ 26 2.4 Compensation Strategy .................................................................................................. 27 CHAPTER 3. SOCIO-ECONOMIC PROFILE 29 3.1 Introduction .................................................................................................................... 29 3.2 Profile of the affected population .................................................................................... 29 3.3 Number and size of affected households ....................................................................... 29 3.4 Age, marital status and education level .......................................................................... 30 3.5 Ethnic composition ......................................................................................................... 30 3.6 Household income and possessions .............................................................................. 30 3.7 Living conditions ............................................................................................................ 32 CHAPTER 4. LEGAL AND POLICY BACKGROUND 33 4.1 Georgian Legislation ...................................................................................................... 33 4.2 Involuntary Resettlement requirements under the ADB's SPS (2009) ............................ 40 4.3 Comparison of Georgia Laws and Regulations with ADB's SPS .................................... 41 4.4 LARF Principles and Entitlements Applicable for the Project .......................................... 42 4.5 Policy Framework and Entitlements ............................................................................... 43 CHAPTER 5. CONSULTATIONS AND DISCLOSURE 48 5.1 Consultations ................................................................................................................. 48 5.2 Disclosure ...................................................................................................................... 50 5.3 Public Engagement During LARP Implementation ......................................................... 50 CHAPTER 6. GRIEVANCE REDRESS PROCEDURE 52 6.1 Grievance Redress Process........................................................................................... 52 6.2 Logging and Review of Grievances ................................................................................ 52 6.3 Reporting on Grievances ............................................................................................... 54 CHAPTER 7. COMPENSATION, RELOCATION, AND INCOME RESTORATION 55 7.1 Compensation for privately-owned lands ........................................................................ 55 7.2 Compensation for trees and plants
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