Second Tashkent Province Water Supply Development Project

Land Acquisition and Resettlement Plan (LARP) Document Stage: Draft Project Number: 51240-001 June 2018 UZB: Second Tashkent Province Water Supply Development Project Prepared by Communal Services Agency of the Ministry of Housing and Communal Services of the Republic of Uzbekistan for the Asian Development Bank. This 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. O6ZBEKISTON RESPUBLIKASI MINISTRY OF'HOUSING ANI) UY-JOY KOMMTINAL XIZMAT COMMUNAL SERVICES OF' KO'RSATISH VAZIRLIGI THE REPUBLIC OF HUZURIDAGI UZBEKISTAN *KOMMUNXIZIVIAT" AGENCY AGENTLIGI <KOMMUNHIZMAT> I 00035, O'zbekistonRespublikasi, l, Niyozbekyuli street,Tashkent city, Toshkentshahri, Niyozbek yo'li ko'chasi,l: Republicof Uzbekistan,index: 100035: Tel 234-20-02 Tel.:234-20-02 *- 'no To: Mr. Yong Ye Director Urban Developmentand Water Division Gentral and West Asia Department Asian DevelopmentBank Subject: Second TashkentWater Supply Developmentproject - I n iti al Envi ro n mental Examinatio n Land Acquisition and Resefflement plan DearMr. Yong Ye, We herebyendorse the InitialEnvironmental Examination (lEE) and (ii) Land Acquisitionand ResettlementPlan (LARP)prepared for the SecondTashkent Water SupplyDevelopment Project. The IEE and LARPhave been discussedand reviewed by "Kommunhizmat"Agency to be availableto the project affectedpeople. The Russianversions will be posted on the website of ifre'Ministryof Housingand CommunalServices of Uzbekistan. Furtherhereby we submitthe IEEand LARPto ADB for disclosureon the ADB website. SincerelyYours, Zamzamboy Tadjibaev DirectorGeneral l.* "..I CURRENCY EQUIVALENTS (As of May 15, 2018) Currency Unit = Sum (UZS) $1.00 = UZS 8 025.83 ABBREVIATIONS ADB - Asian Development Bank AP - Affected Person AH - Affected Household CC - Civil Code CPR - Common Property Resource CPS - Country Partnership Strategy CSA - Communal Services Agency of the Ministry of Housing and Communal Services DMS - Detailed Measurement Survey DP - Displaced Person EA - Executing Agency FGD - Focused Group Discussion GAP - Gender Action Plan GFP - Grievance Focal Point GRM - Grievance Redress Mechanism HH - Household ha - Hectare IA - Implementing Agency IOL - Inventory of Losses IP - Indigenous Peoples LAR - Land Acquisition and Resettlement LARP - Land Acquisition and Resettlement Plan LC - Land Code MOF - Ministry of Finance OCC - Operational Control Center O&M - Operation and Maintenance PCU - Project Coordination Unit PMC - Project Management Consultant PPTA - Project Preparatory Technical Assistance RoW - Right of Way SCLRGCSC - State Committee on Land Resources, Geodesy, Cartography and State Cadastre SPS - Safeguard Policy Statement TC - Tax Code ToR - Terms of Reference TPS - Tashkent Provincial “Suvokova” UZS - Uzbek Som WDC - Water Distribution Center WT - Water Tower NOTE In this report, i. “$” refers to United State Dollars (USD) ii. UZS refers to Uzbekistan Som Contents Page Executive summary 6 1 INTRODUCTION AND PROJECT BACKGROUND 10 1.1 Overview and Background of the Project 10 1.2 Project Components 12 1.3 Scope and Limitation of Land Acquisition and Resettlement Plan 14 1.4 Approach and Methodology 16 SCOPE OF LAND ACQUISITION AND INVOLUNTARY 2 17 RESETTLEMENT 2.1 General 17 2.2 Scope of Permanent Impact Due To Land Acquisition 17 2.2.1 Affected Rural Settlements 17 2.2.2 Affected Land Parcels 17 2.2.3 Affected Land Area 18 2.2.4 Severity of Impact 18 2.2.5 Loss of Crops due to Land Acquisition 19 2.2.6 Loss of Trees 19 2.2.7 Affected Households 20 2.2.8 Agricultural Laborers 20 Temporary Impact on Land Due To Construction of Water 2.3 21 Transmission Mains 2.3.1 General 21 2.3.2 Affected Villages (Temporary Impact) 21 2.3.3 Affected Land Parcels (Temporary) 22 2.3.4 Affected Area Considered for Temporary Impact 22 2.3.5 Loss of Crops Likely to Occur During Pipeline Construction 22 2.3.6 Loss of Trees Due To Construction of Transmission Main/Trunk 23 2.3.7 Affected Households 24 2.3.8 Agricultural Laborers 24 2.4 Temporary Impact on Land Due To Construction of Water 25 2.5 Summary Impact 25 CHAPTER 3 SOCIO-ECONOMIC INFORMATION AND PROFILE 26 3.1 General 26 3.2 Affected Households 26 3.3 Affected Persons 26 3.4 Vulnerable Households 26 3.5 Primary Occupation of Head of the Affected Household 27 3.6 Annual Income and Expenditure of Affected Households 27 3.7 Education Status of Affected Persons 28 3.8 Occupation Pattern of Affected Persons 28 3.9 Skilled and Unskilled APs 29 3.10 3.10. Age Structure of Affected Persons 29 3.11 3.11. Women Issues 29 3.12 3.12. Indigenous People 30 INFORMATION DISCLOSURE, CONSULTATION AND CHAPTER 4 31 PARTICIPATION 4.1 General 31 4.2 Objectives of Consultations 31 Contents Page 4.3 Methods of Consultations 31 4.4 Public Consultations 32 4.5 Findings of the Public Consultations 34 4.6 Meaningful Consultations with Affected Persons 37 4.7 Future Consultation Strategy 40 4.8 Disclosure 40 CHAPTER 5 GRIEVANCE REDRESS MECHANISMS 41 5.1 Objectives 41 5.2 Grievance Redress Mechanism (GRM) 41 5.3 GRM Records and Documentation 42 CHAPTER 6 POLICY AND LEGAL FRAMEWORK 43 6.1 General 43 6.2 Laws, Regulation and Provision relating to LAR in Uzbekistan 43 6.2.1 The Constitution of the Republic of Uzbekistan 43 6.2.2 The Land Code of the Republic of Uzbekistan 43 6.2.3 Housing Code of the Republic of Uzbekistan 44 6.2.4 Civil Code of the Republic of Uzbekistan 44 The Resolution of the Cabinet Ministers of the Republic of Uzbekistan "About Approval of the Regulations on Procedure of 6.2.5 Compensations Payments to Citizens and Legal Entities for 45 Withdrawal of Land Plots for the State and Public Needs" Resolution of Cabinet of Ministers “About the Measures of Improvement the Order of Provision of Land Plots for 6.2.6 50 Implementation of Urban Development Activity and for Other Non- Agricultural Needs” Additional Procedures or Principles Relating to Expropriation of 6.2.7 Urban Land 51 6.2.8 Construction Standard and Rules No. KMK 2.10.03-97 51 Resolution of Cabinet of Ministers “On Approval of the Regulations 6.2.9 on the Procedure of Assignment and Payment of Social Benefits 52 and Material Assistance to Low-Income Families” 6.3 ADB Involuntary Resettlement Safeguard Policy review 52 6.4 Comparison of Policies 54 6.5 Core LAR Policy Principle for the Project 58 CHAPTER 7 ENTITLEMENT, ASSISTANCE AND BENEFITS 60 7.1 Eligibility 60 7.2 Cut-off-Date 60 7.3 Compensation and Valuation of Assets 60 7.3.1 Compensation for Land 60 7.3.2. Compensation for Structures 60 7.3.3. Compensation for Crops and Trees 61 7.3.4. Loss of Income/Livelihood 61 7.3.5. Shifting and Relocation Allowances 61 7.3.6 Allowance for Vulnerable Household 61 7.3.7 Common Property Resources 61 Loss of Crops Due to Temporary Land Acquisition Along the Right 7.3.8 61 of Way of Transmission Mains and Distribution Pipelines Contents Page 7.4 Entitlement Matrix 62 CHAPTER 8 RESETTLEMENT BUDGET AND FINANCING PLAN 65 8.1 General 65 Compensation to Affected Households for Permanent Land 8.2 65 Acquisition Compensation for Land for Land (Land Development Cost) to be 8.3 66 paid to Government for Permanent Land Acquisition 8.4 Compensation for Temporary Land Acquisition 67 8.5 Additional Allowance for Vulnerable Households 67 8.6 Compensation for Affected Structures 68 8.7 Summary Budget 71 CHAPTER 9 INSTITUTIONAL ARRANGEMENTS 72 9.1 General 72 9.2 Executing Agency (EA) 72 Communal Services Agency “Kommunkhizmat” (CSA) under the 9.2.1 Ministry of Housing and Communal Services of the Republic of 72 Uzbekistan 9.2.2 Project Coordination Unit (PCU) 72 9.2.3 Project Management Consultant (PMC) 73 9.3 Design Company 73 Departments of State Committee on Land Resources, Geodesy, 9.4 Cartography and State Cadastre for Tashkent Province and project 73 districts Hokimiyat of Tashkent Province and Project District Hokimiyats 9.5 (local governments) 73 9.6 Self-Government Representatives 74 9.7 Independent Valuation Firms 74 CHAPTER 10 IMPLEMENTATION SCHEDULE 75 10.1 General 75 10.2 Detailed Design Stage (Finalizing and Updating the Draft LARP) 75 10.3 LARP Implementation Stage 75 10.4 Implementation Schedule 75 CHAPTER 11 MONITORING AND REPORTING 77 ANNEXURE Annexure 1 Maps and Pictures of Project Components 78 Annexure 2 List of Public Consultations’ Participants 82 Annexure 3 Leaflet Disclosed During Consultations 89 Annexure 4 Copy of Presentation Used During Public Consultations 92 Annexure 5 Terms of Reference for LARP Compensation Valuation Consultant 96 EXECUTIVE SUMMARY i. This is a draft Land Acquisition and Resettlement Plan (LARP) prepared for the "Second Tashkent Province Water Supply Development Project'' to be financed by the Asian Development Bank (ADB). The impact of the project will be improved living standards, environment and public health in the Yangiyul and Chinaz districts of Tashkent Province. The outcome of the project will be improved and expanded access to reliable, sustainable and affordable water supply services in the project areas. The project will have such outputs as improved water supply services within the districts of Yangiyul, Chinaz and a very small part of Zangiata district of Tashkent Province adjacent to Yangiyul district and connected to the water supply system of this district.

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