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1 Social Monitoring Report Monthly Progress Monitoring Report on Corrective Measures defined by Social Due Diligence Report November 2017 UZB: Central Asia Regional Economic Cooperation (CAREC) Corridor 2 (Pap- Namangan-Andijan) Railway Electrification Project Prepared by The O’zbekiston Temir Yo’llari (UTY) for the Government of Uzbekistan and the Asian Development Bank.

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Page 1: UZB: Central Asia Regional Economic Cooperation (CAREC ... · At the point PC 1297 + 35.5 railway track crosses the South Fergana Canal (SFC), by construction of concrete bridge length

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Social Monitoring Report

Monthly Progress Monitoring Report on Corrective Measures defined by Social Due Diligence Report

November 2017

UZB: Central Asia Regional Economic Cooperation (CAREC) Corridor 2 (Pap-Namangan-Andijan) Railway Electrification Project

Prepared by The O’zbekiston Temir Yo’llari (UTY) for the Government of Uzbekistan and the Asian Development Bank.

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ADB -

AP -

AH -

CC -

DLARC -

DP -

EA -

GRM -

Asian Development Bank

Affected Person

Affected Household

Civil Code

District Land Acquisition and Resettlement Committee

Displaced Person

Executing Agency

Grievance Redress Mechanism

ha -

HH -

Hectare

Household

IA -

LAR -

LARP-

Implementing Agency

Land Acquisition and Resettlement

Land Acquisition and Resettlement Plan

LC -

MPMR-

PIU -

RLAR-

RoW -

Land Code

Monthly Progress Monitoring Report

Project Implementation Unit

Report on Land Acquisition and Resettlement

Right of Way

SCLRGCSC State Committee on Land Resources, Geodesy, Cartography and State

SDDR-

SPS -

Cadaster

Social Due Diligence Report

Safeguard Policy Statement

TL -

UTY-

UZS -

Transmission Line

O’zbekiston Temir Yo’llari

Uzbek Som

ABBREVIATIONS

CURRENCY EQUIVALENTS(as of 30 October 2017)

Currency unit – SUM1.00 = $1.00 =

sum (SUM)0.0001239217SUM 8,069.610000

NOTE

(i) In this report, "$" refers to US dollars.

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

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.

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Contents

A INTRODUCTION ............................................................................................................................................... 4

I. Project Background .................................................................................................................................. 4

II. Construction of new 6,7 km bypass ....................................................................................................... 5

B.OBJECTIVE AND SCOPE OF MONTHLY PROGRESS MONITORING ................................................. 6

C. MONITORING METHODOLOGY.................................................................................................................. 6

D. LAND ACQUISITION AND RESETTLEMENT IMPACTS WITHIN THE NEW BYPASS ................... 11

E. LAR- RELATED LEGAL FRAMEWORK APPLIED FOR THE NEW BYPASS .................................... 13

I. LAR-related legal framework in Uzbekistan ............................................................................................ 13

F. STATUS OF LAR-RELATED ACTIVITES FOR 6.7KM BYPASS ........................................................... 15

I. Status of calculation, compensation payment for affected assets (both legal and illegal) and land

allocation .......................................................................................................................................................... 15

II. Status of houses’ demolishing and relocation of residents .............................................................. 17

III. Status of additional assistance and livelihood restoration measures ......................................... 17

G.ENVIRONMENTAL MITIGATION MEASURES AND RELATED LAR IMPACTS ................................ 18

H.PUBLIC CONSULTAITON, INFORMATION DISSEMINATION AND GRM .......................................... 21

I.CONCLUSIONS AND NEEDED CORRECTIVE MEASURES .................................................................. 22

Annex 1. Details of LAR impacts and compensation status..................................................................... 25

Annex 2. New affected properties identified in Uychi (affected by the slope excavation for the

tunnel) ............................................................................................................................................................... 36

Annex 3. Letter to province financial management through regional finance department requesting

to allocate additional budget (in Uzbek language) ..................................................................................... 38

............................................................................................................................................................................... 38

............................................................................................................................................................................... 39

Annex 4. Documents related to compensation and evaluation of structures in Uchkurgan ................ 39

Annex 5. Newly allocated lands in Uychi and Uchkurgan ........................................................................ 43

Annex 6. Cost for loss Permanent use of farmlands ................................................................................. 46

Annex 7. Letter with design layout to khokimiyats including two newly affected structures in Uychi 48

Annex 8. Letter to khokimiyats requiring the information on vulnerable AHs in Uychi and Uchkurgan

regions .............................................................................................................................................................. 49

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A INTRODUCTION

I. Project Background

1. The Government of Uzbekistan has requested ADB assistance for the electrification of the

railway line Pap–Namangan-Andijan. The proposed Central Asia Regional Economic Corridor 2

(Pap-Namangan-Andijan) Railway Electrification Project (the project) will electrify the missing

148.6 km of non-electrified track linking major cities in the populous Fergana Valley with

Tashkent. This will facilitate direct and efficient operation of both freight and passenger train

services and thereby promotes economic and social development of the Fergana Valley.

2. The project will be aligned with the following impacts: (i) stimulated economic growth in the

Fergana Valley, and (ii) increased regional trade along CAREC Corridor 2.

3. The Project is expected to be implemented within a period of three years starting from May 4.

2017 and estimated completion date is June 2020.

4. The Project includes the following components:

1) Electrification of the main track (148.6 km), including the 3.5 km line from Blok Post 136.1

to Uchkurgan- Voltage of transmission lines will be 27.5 kV

2) Electrification of the new alignment (6.7 km)-Voltage of transmission lines will be 27.5 kV

3) Construction of two new traction substations in Namangan (Raustan) and Khakulabad

4) External power supply transmission line (TL) of 52km to transmit electricity to two new

substations to be constructed as follows:

• 110 kV TL for Khakulabad (12 km)

• 220 kV TL for Namangan/Raustan (40 km)

5) Installation of catenary system for the existing track, 6,7 km bypass and within Andijan

Depot and purchase of machinery/equipment for maintenance of catenary system

6) Installation of signalling, telecommunications and SCADA

5. These activities are included in the project scope and will be funded through proposing loan.

Besides this, the project includes components, which are not financed by ADB loan and has been

considered as associated and existing facilities which will be implemented through Government

own sources. Such facilities cover:

construction of the 6,7 km bypass,

construction of additional maintenance floor within Andijan Depot.

6. Per ADB SPS (2009), these activities are considered as associated facilities which are not funded

as part of the project (funding may be provided separately by the borrower/client or by third

parties), and whose viability and existence depend exclusively on the project and whose goods or

services are essential for successful operation of the project. As part of Project’s social

safeguards component, for these components (namely 6.7 km new bypass alignment) a social

due diligence assessment has been conducted by ADB and recommendations and proposed

corrective actions were provided in the Social Due Diligence Report (SDDR). The implementation

of proposed corrective actions and mitigation measures are subject to monthly monitoring by UTY

and reporting to ADB.

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II. Construction of new 6,7 km bypass

7. Constructed new track starts from km 125 + 700 (Uychi station) to km 132 + 400 (Khakkulabad),

the route runs along a new direction of length 6.7 km. Rectification will diverse the railway line to

the border with the Republic of Kyrgyzstan that currently is creating difficulties with track

maintenance in term of accessing to the territory of neighboring country.

8. From the point of unlocking the railway track with 620 m radius extends to the right and passes

irrigated lands on the PC 1272 + 22 crosses the North Fergana Canal (NFC). Before the NFC

railway track crosses the highway. Right Bank Canal is densely populated residential area and

partially will be resettled. Tunnel type overpass 96,61m length will be constructed to cross

highway. Construction of concrete bridge length of 64.6 m is planned for crossing the NFC. An

automobile road runs along the left bank of the NFC and railway overpass length of 53.2 m will be

constructed to cross it. Then the railway route comes to the Naryn River, which is one of the main

water sources of the Ferghana valley. Naryn river splits into two branches at the project area. It is

proposed to build concrete bridge over right branch (length 270.80 m). The left branch will be

reverted into the right branch through construction of dams. The left branch of NFC and flood

plain will be passed by construction railway embankment. Further railway track passes irrigated

land and at point PC 1295 + 34.5 crosses Hakulabadsay (smaller canal) concrete bridge length of

57,5m will be constructed to cross it. At the point PC 1297 + 35.5 railway track crosses the South

Fergana Canal (SFC), by construction of concrete bridge length of 64.6 m. Then the railway track

route passes through farmland and at the point PC1311 crosses highway 4R116. A railway

overpass length of 53.2 m will be built for intersection railway with automobile road. Further 600

m radius of the track of the railway line adjacent to the checkpoint at the PC 1361 of the existing

railway line. At the intersections of railway with smaller roads, at the PC in 1296 and + 82 + 45

PC 1301 protected and unprotected passes will be constructed. A scheme of new alignment is

provided in Figure 1.

Figure 1 New 6,7 km alignment

9. The new alignment (6.7km) traverses through Uychi and Uchkurgan destricts of Namangan

Province and passes mostly through agricultural lands and some parts of residential area (Kizil

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Ravat village and Uchkurgan city) affecting 21,12ha of land plots, of which 18,27 ha are farm

lands, 2 non-residential buildings and relocation of 25 residential houses..

10. In this regard, land allocation procedures have been initiated by UTY and khokimiyats1 according

to the national legal requirements based on which in total 2.45 (residential) and 0.246 (non-

residential) lands have been allocated by khokimiyats for the persons losing buildings.

B.OBJECTIVE AND SCOPE OF MONTHLY PROGRESS MONITORING

11. UTY, with its social safeguards specialist in assistance of ADB’s national and international

consultants is responsible for the internal monitoring. The main task is to regularly monitor and

measure the progress of implementation of the LAR-related activities for the new 6.7 bypass, as

well as to verify whether the all corrective actions and mitigation measures proposed by SDDR

have been properly implemented and produced the desired outcomes. In order to ensure that the

implementation is on schedule and problems are dealt with on a timely basis UTY through its PIU

shall:

monitor the progress of implementation of LAR-related activities (including the

compensation process, grievance cases etc.) and proposed corrective measures keeping

in mind the effectiveness of project activities, including quantity, quality and timeliness,

verify the compliance with safeguard measures and their progress toward intended

outcomes,

document and disclose monitoring results and identify necessary corrective and

preventive actions in the monthly monitoring reports,

submit monthly progress monitoring reports (MPMR) to ADB.

12. The PIU through this prepared MPMR provides ADB with an effective basis for assessing the

progress of land acquisition and resettlement activities, corrective measures and identifying

potential difficulties and problems.

13. This MPMR covers the period of November 2017. During the reporting period the continual

monitoring was carried out by UTY and ADB’s consultants with extensive field visits.

C. MONITORING METHODOLOGY

14. As was already mentioned, the construction of 6.7km bypass is considered by ADB as an

associated facility for which the all LAR-related activities are being implemented in accordance

with Uzbek legislation. Meantime, the ADB’s Safeguard Requirements on Involuntary

resettlement (SPS 20092) outlines the necessity to avoid involuntary resettlement wherever

possible; to enhance, or at least restore, the livelihoods of all displaced persons in real terms

relative to pre-project levels; and to improve the standards of living of the displaced poor and

other vulnerable groups. The SPS defines that the borrower/client will ensure that no physical

1 Khokimiyat- Local government authority that interfaces between local communities and the government at the

regional and national level. It has ultimate administrative and legal authority over local populations residing within its jurisdiction. 2

See the Appendix 2 of ADB’s Safeguards Policy Statement (SPS 2009).

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displacement or economic displacement will occur until (i) compensation at full replacement cost

has been paid to each displaced person for project components or sections that are ready to be

constructed; (ii) other entitlements listed in the resettlement plan have been provided to displaced

persons; and (iii) a comprehensive income and livelihood rehabilitation program, supported by an

adequate budget, is in place to help displaced persons improve, or at least restore, their incomes

and livelihoods.

15. In the scope of social due diligence assessment of new 6.7km bypass construction the needed

corrective actions and mitigation measures were provided in SDDR which are subject to continual

monthly monitoring by UTY. In this regard, monitoring indicators framework has been developed

by UTY presented in table 1.

16. The main indicators of internal monitoring are related to processes and immediate outputs and

results which are collected monthly by UTY to assess the progress and results of LAR-related

activities and mitigation measures to adjust them, if necessary. The general monitoring

indicators are as follows:

i) Scope and status of legal framework applied for land acquisition and resettlement activities

per local legislation: initiated legal procedures, decrees, acts and other related legal

documents;

ii) Proper implementation of social impact assessment within the 6.7km alignment:

identification of full or partial, permanent or temporary impacts on agricultural/ non-

agricultural lands and buildings; Housing and/or commercial structures, identification of

affected households and persons, other impacts)

iii) Compensation and mitigation measures proposed by UTY/local government in accordance

with local legislation that cater to the impacts,

iv) The implementation status of LAR-related activities, particularly: the status and/or plan for

compensation valuation and payments, status of land allocation, relocation of residents and

houses demolishing etc.

v) Public consultation, notification and disclosure procedures implemented

vi) Proposed additional assistance and livelihood restoration measures: Rental and shifting

assistance provided by law (if any)

vii) Establishment and operation of GRM in place, Grievances recorded and resolved (if any)

17. In general, mixed methods of data collection have been used for monitoring purposes,

particularly:

(i) Desk Review (secondary data analysis): The purpose of desk review is to verify the

information on the applied legal framework, implemented compensation and mitigation

measures by khokimiyats, as well as review of corrective actions taken in case of issues, with

particular attention to the way this action fits the social safeguards requirements by SDDR.

(ii) Participatory Rapid Appraisals (PRAs): PRAs were serve as an additional method for data

collection and verification, which is very useful to understand the issues of specific cases or

specific overall impact issues. PRA methods are used also to verify and crosscheck obtained

information and data. The following methods were used during PRAs: a) Key informant

interviews (KIIs), b) Meetings, discussions and contacts with affected persons.

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KIIs helped to have better understanding of the overall process of LAR-related activities,

parties involved, and issues emerged in the process. KIIs have been conducted with all relevant

stakeholders (local government officials/community leaders, specialist of different involved

parties such as regional and local cadaster, regional architectures responsible for land

allocation etc.) to assess appropriateness of mitigation measures carried out and effectiveness

of each party involved in that process. Interviews with the heads/deputies of stakeholder

communities, as well as with the affected persons also have been interviewed to understand

the overall impact of construction activities. The interviews mainly have been conducted to

reveal the actual or potential grievances.

(iii) Structured direct field observations (FOs): The periodic field observations allow to monitor

the physical conditions in the alignment section and status of construction works, including the

status of demolishing works, usage of affected land plots, damages caused (if any) etc.

18. The monitoring was carried out by the UTY social safeguards specialist together with the ADB’s

PPTA national resettlement consultant. Several monitoring visits and meetings have been carried

out during reporting period in October to follow up on the corrective actions defined by the

previous monitoring report3.

19. The main findings of internal monitoring are presented in the next chapters of this MPMR.

3 Already two MPMRs have been prepared by UTY: the 1

st MPMR covering the whole period from SDDR till

September and the second one for October 2017.

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Table 1 Social Monitoring Indicators Framework for 6.7km bypass construction

Monitoring Purpose Monitoring Indicator

Review and Verification

Data collection

method Data Sources

1. Review the scope and

status of legal framework

applied for land acquisition

and resettlement activities

per local legislation,

including the review the

compensation and

mitigation measures

proposed by local

government in accordance

with local legislation that

cater to the impacts

i. Availability of Decree of the President of the Republic of

Uzbekistan,

ii. Availability of District (Khokim) decisions by Uychi and

Uchkurgan Khokims on allocation of land plots for

construction of residential houses and social facilities

belonging to natural and legal persons that were subjected

to demolition,

iii. Available documents with khokimiyats on the list of affected

properties and persons, valuation reports of affected assets,

calculations of compensation for farms, land allocation, etc.),

iv. Available agreements and/or acts signed with affected

persons/farms,

v. Other related documents available

- Desk Review

- PRAs

- Decree of the President of the

Republic of Uzbekistan

- District (Khokim) decisions by Uychi

and Uchkurgan Khokims

- Valuation reports of affected assets

(Uychi)

- Calculation of cost for loss (for

farmlands) (Uchkurgan)

- Meetings with representatives of local

khokimiyats

- Meetings with representatives of

regional and local cadaster

2. Review and verification of

proper implementation of

social impact assessment

within the 6.7km alignment

(availability of all types of

impacts identified)

i. Number, list and surfaces of affected agricultural and non-

agricultural land plots,

ii. Number, list and surfaces of affected residential and non-

residential buildings,

iii. Number, list and description of affected improvements, such

as trees, crops etc.

iv. Number and description of temporary impacts (if any)

v. Number, list and surfaces of affected illegal/not registered

buildings and improvements (fancies, walls etc.), if any

vi. Number and list of affected households (AH) and persons

(AP), including the illegal/not registered

households/persons (if any),

vii. Number and list of affected vulnerable households

- Desk Review

- PRAs

- FOs

- Comparison of topography survey of

new alignment with the list of affected

properties defined by khokimiyat’s

decisons

- Meetings with representatives of local

khokimiyats

- Meetings with representatives of

regional and local cadaster

- Meetings with all APs

- Walkover survey along the new

alignment

3. Review and verification of

implementation status of

LAR-related activities,

including the additional

assistance and livelihood

restoration measures

vi. The status of valuation/calculation of compensation for

affected assets, including those which are illegal/not

registered (if any)

vii. The status of compensation payments, including for the

illegal/not registered AHs/APs (if any)

viii. The status of land allocation for AHs/APs,

- Desk Review

- PRAs

- FOs

- Valuation reports of affected assets

(Uychi)

- Calculation of cost for loss (for

farmlands) (Uchkurgan)

- Meetings with representatives of local

khokimiyats

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ix. The status of houses demolishing and relocation of

residents,

x. The status of additional assistance and livelihood restoration

measures for vulnerable households

- Compensation Payment Orders

- Agreements signed with affected

farmers

- Meetings with all APs, including the

farmers

- Walkover survey along the new

alignment

4. Verify the implementation of

proper public consultations

(PCs) and disclosure

i. Number of consultation and participation programs held with

APs and various stakeholders implemented

ii. Other written notification and/or public awareness

campaigns implemented

iii. Availability of Minutes of meetings or other relevant

documentation on PCs

- Desk Review

- PRAs

- Meetings with representatives of local

khokimiyats

- Meetings with all APs, including the

farmers

5. Review the proper

distribution of Grievance

Redress Mechanism (GRM)

on places.

i. Operation of GRM in accordance with local legislation

ii. Notification and public awareness campaigns on the GRM

iii. Availability of Project GRM logbook in khokimiyats

- Desk Review

- PRAs

- Meetings with representatives of local

khokimiyats

- Meetings with all APs, including the

farmers

6. Review the grievance cases

including an assessment of

whether grievance

resolution was carried out

properly.

i. Number of grievance cases related to the construction of

6.7km bypass.

ii. Number of cases where the proper responses have been

given to the complainer,

iii. Number of cases where the grievance still occurred or

double compliant has been logged.

- Desk Review

- PRAs

- Meetings with representatives of local

khokimiyats

- Meetings with all APs, including the

farmers

- Letters and responses registered in

khokimiyats,

7. Review the status of specific

corrective actions proposed

by SDDR

iv. Calculation and payment of compensation for already cut

trees,

v. Provision of salvaged materials appeared in the result of

demolished buildings to the APs an no charge

vi. Verification of possible impacts for the suggested mitigation

measures for noise defined by IEE (acoustic barriers and

greening area)

- Desk Review

- PRAs

- Meetings with the representative of

Committee on Ecology and

Environmental Protection (Uchkurgan)

- Meetings with representatives of local

khokimiyats

- Meetings with all APs, including the

farmers

- Comparison of topography survey of

new alignment and suggested sections

of acoustic barriers/greening area with

the list of affected properties defined

by khokimiyat’s decisions

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D. LAND ACQUISITION AND RESETTLEMENT IMPACTS WITHIN THE

NEW BYPASS

20. According to the District Decisions by Uychi and Uchkurgan Khokims, in total 21,12ha of

land plots will be affected by the Project, of which 18,27 ha of agricultural land plots

(farmland and forest lands) used by 21 users. Meantime, there are in total 25 residential

and 2 non-residential buildings to be demolished, of which 8 houses are located in Uychi

district and 17 houses and 2 non-residential buildings are located in Uchkurgan district. The

total number of AHs is 53.

21. The summary of land impacts based on District Decisions and field verification is presented

in the Table 4 below and the list of APs with details of impacts are presented in Annex 1

(extracted from the District Decisions).

Table 2 Summary of Impacts

District

Number of

affected

buildings

(residential

and non-

residential)

Total

affected

surface of

buildings

(ha)

Number

of AHs

Affected

agricultur

e land

(farms),

forest (ha)

Land

allocated for

affected

buildings (ha)

Number

of Land

users

(agricultu

ral land)

Total

affected

land (ha)

1 2 3 4 5 6 7 8

Uychi 8 (residential)

13

(Households)

0,7277 18

7,4 1.03 4

5 9,23

Uchkurgan 17 (residential)

2 (non-

residential)

1,02 35 10,87 1.425

(residential)

0.246 (non-

residential)

16 11,89

Total 25 (residential)

2 (non-

residential)

1,7477 53 18,27 2.45

(residential)

0.246 (non-

residential)

21 21,12

22. During the reporting period it was monitored whether the demolishing process has been

stopped for 2 legal fences and one illegal fence identified during the previous reporting

period to be partly demolished in Uchkurgan region before the compensation is paid. It was

ensured that no demolishing has been carried out no longer. UTY will ensure that the

compensation is fully paid to APs and only after that the demolishing will be continued.

New affected properties identified in Uychi:

23. During the previous reporting period, two new residential land plots have been identified to

be affected by the slope excavation for the tunnel in Uychi, which were not included in list

of khokims’ order to be demolished, compensated and lands to be allocated (see Annex 1),

particularly:

4 The formula of calculation is as follows: (0.06*13)+0.25=1.03 ha (13 APs, 0.25 is for roads and ditches). 5 The formula of calculation is as follows: (0.06*17)+0.40=1.425 ha (17 APs, 0.40 is for roads and ditches)

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i) In one case (Ulugshaev Abduqodir) 600 sq. meter of land plots is affected from

the total 2200 sq. meter with impact on the summer kitchen separately located on

the land out of the main residential building. 4 AHs (18 APs) are living in the

house.

ii) In the second case (Maripov Valijon) only 200 sq. meters of land plots is affected

from the total 1600 sq. meter with impact on the barn separately located on the

land out of the main residential building. 2 AHs (8 APs) are living in the house.

24. For these cases, during the previous reporting period, the UTY has sent a letter with design

layout to khokimiyats to include these two new cases in khokim’s decisions on land

allocation, as well as met with the deputy khokim of Uychi capital construction to discuss

the process of assets inventory, calculation of compensation and further land allocation

please see Annex 7.

25. For the both cases, the safeguard specialist of UTY and ADB consultants visited the APs

on November 25 to follow up on the further procedures for compensation and land

allocation. APs informed that the representatives of khokimiyat have already met them and

informed about coming inventory and compensation issues. During the meeting, APs again

expressed their willingness to get more land instead of getting the compensation for the

affected assets and land in equal size with the affected one. In their opinion, this will allow

them to construct new houses for their sons in the future (this approach has been

discussed with khokimiyat and khokimiyats promised to agree this with khokim.

26. During the reporting period, meeting was also organized with the deputy khokim of Uychi

capital construction on November 26 to discuss the process of assets inventory, calculation

of compensation and further land allocation. It was noted that the process has already been

initiated to include these two properties in the khokim’s decision for further proceedings

based on the approach agreed with APs (APs will be suggested by khokimiyats 1200 sq.

meter and 400 sq. meter land plots respectively instead of the compensation and eligible

600 sq. meter and 200 sq. meter land). It is expected that the khokim’s decision will be

issued in mid-Dec 2017. UTY will follow up on these cases. The scheme and photos with

indication of the affected new properties is attached in Annex 2.

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E. LAR- RELATED LEGAL FRAMEWORK APPLIED FOR THE NEW

BYPASS

I. LAR-related legal framework in Uzbekistan

27. Several legal and regulatory documents provide the general basis of alienation of lands in

Uzbekistan for the state and social needs and compensation to the land owners in

accordance with the registered rights for the use of land as presented in table 3 below.

Table 3 Main legal documents related to LAR activities in Uzbekistan

Name of legal document Date of approval and

amendments

Short description

Land Code of the Republic

of Uzbekistan

The Code was approved by

the Law of the Republic of

Uzbekistan dated 30.04.1998

with amendments dated

30.08.2003 and 03.12.2004.

The Code regulates the issues of

withdrawal and provision of the land plots

for non-agricultural needs and

compensation for losses of agricultural

production.

Civil Code of the Republic

of Uzbekistan

The Code was approved by

the Laws of the Republic of

Uzbekistan dated 21.12.1995

No 163-1 and 29.08.1996 No

256-1, in accordance with the

latest amendments dated

22.09.2010 No ZRU-260

The Code provides definition of the

property, basic concepts for the objects of

property, basics for termination of the

property rights and rights for

compensation for losses in connection

with the loss of the property rights.

Resolution of the Cabinet of

Ministers of the Republic of

Uzbekistan No 146

25.05.2011 The resolution defined measures on

improvement of the order of allocation of

the land plots for town construction

activities and for other non-agricultural

needs.

Resolution of the Cabinet of

Ministers of the Republic of

Uzbekistan No 97

29.05.2006 The resolution defined the order of

compensation of losses for the citizens

and legal persons in connection with

withdrawal of the land plots for the state

and social needs.

28. In the scope of country regulations on LAR, the first stage of LAR implementation is the

adoption of District (Khokim) decision on allocation of land plots for construction of

residential houses and social facilities belonging to natural and legal persons that were

subjected to demolition. The legal grounds which have been available as of the date of

preparation of this MPMR are as follows:

1) Uychi District Decision No 9 dated 13 January 2017 “Decision on allocation of land plots

for construction of houses and social objects for the citizens, whose house and social

objects are subject for demolition, located in the territory of Electrification of “Pap-

Namangan-Andijan“ railway track (between PK -1257-PK-1324/1361+00 Block-post-

Uychi) and constructing new railway part based on the Decree of the President of the

Republic of Uzbekistan dated 14 April 2016 No. R-4636 “On measures to facilitate

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14

implementation of investment projects supported by international financial institutions

and bilateral donors”,No 10 dated 13 January 2017 “Decision on demolition of houses

located in the land of new contracting track and electrification of “Pap-Andijan-

Namangan” track based on the President’s Decree Nr R4636 dated 14 April 2016 “On

measures to facilitate implementation of investment projects supported by international

financial institutions and bilateral donors”.

2) Uchkurgan District Decision No 1207 dated 6 December 2016 “Decision on demolition

of residential houses and social structures located between PK -1257-PK-

1324/1361+00 Block-post-Uychi”, No 1209 dated 7 December 2016 “Decision on

allocation of land plots for construction of residential houses and social facilities

belonging to natural and legal persons that were subjected to demolition and located

between PK -1257-PK-1324/1361+00 Block-post-Uychi”.

3) Minutes of Cabinet Ministers of the Republic of the Uzbekistan dated 6 January 2017

Minutes of the meeting on the question of acceleration of the design and construction of

the object “Railway Electrification Pap-Andijan-Namangan”

4) Minutes of UTY No 49 dated 14 of February 2017 “About social and economic

development of Namangan province and measures on further improvement of living

standards”

5) Calculation of compensation for farms in Uychi and Uchkurgan regions (see Annexe 6)

6) Valuation reports of affected assets

7) Letter of UTY together with the design layout sent to khokimiyats to include two new

cases in khokim’s decisions on land allocation.

29. The compensation entitlements and mitigation measures proposed by local legislation for

LAR impacts have been summarized in the previous MPMR (see chapter E, clause II).

30. The Uzbek legislation orders that compensation has to be paid before starting any

construction work. The land possessors, users, tenants and owners, whose land plots are

seized and to whom land plots are granted, in case of disagreement with defined amount of

losses, can appeal to court.

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F. STATUS OF LAR-RELATED ACTIVITES FOR 6.7KM BYPASS

I. Status of calculation, compensation payment for affected assets (both

legal and illegal) and land allocation

Impact on residential/non-residential buildings:

Uychi:

31. During the previous reporting period, delivery of the compensation and further relocation

has been already started in Uychi, particularly: the 70% of evaluated compensation has

been paid to all 8 owners of residential houses (valuation of affected assets has been

initiated by licensed valuator on AP’s own cost as per local legislation requirements). The

remaining 30% of compensation is still pending as the rest salvaged materials will be

evaluated by appraising company and subtracted from 30% and result will be given to APs.

If the owner does not want to take the salvaged materials from the structure, then the rest

30% will be fully compensated to households.

32. Taking into account the mitigation measure defined by SDDR (see table 4, clause 12),

namely: “All salvage materials appeared in the result of dismantling of demolished

residential houses, buildings, structures, as well as plantings and trees located at the land

plot to be acquired shall be allowed to be taken away by the APs prior to demolition at no

charge”, the UTY is coordinating with the khokimiyats to compensate also the remained

30% of calculated compensation regardless of takeover the salvaged materials appeared in

the result of dismantling of demolished residential houses, buildings, structures by APs to

ensure the compliance with SDDR. However, also the official letter will be issued by UTY

on this matter.

33. Meantime, during the previous reporting period, it was revealed that there is no sufficient

budget within the khokimiyats to pay the remained 30% of compensation; therefore the

khokimiyats issued a request to province financial management through regional finance

department to allocate additional budget from viloyat (provincial authority) the khokimiyat’s

letter is attached in Annex 3 and UTY will follow up on this issue as well.

34. The land development cost, which will be transferred to specific account of Cadaster office,

has already been calculated, but the payment is still pending.

Uchkurgan:

35. During the reporting period, starting from 07 Nov the delivery of the compensation and

further relocation has been completed in Uchkurgan based on the inventory of affected

assets and calculated compensation (70% of evaluated compensation has been paid, the

remaining 30% of compensation is still pending ). From the total 20 owners 16 owners have

been compensated based on the valuation of their assets by licensed valuator on their own

cost, besides 4 APs (including the illegal fence). For 19 owners the land has already been

allocated during the previous reporting period, the scheme of newly allocated lands

attached in Annex 5.

36. In case of 3 APs who hasn’t done the valuation of their assets by licensed valuator, the

specialist of UTY and ADB consultants contacted them and one more time explained them

the procedure of valuation, compensation and opening of bank account. They informed that

they will initiate the valuation procedure and will open bank accounts for further

compensation as soon as possible. UTY will follow up on this issue.

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Permanent and Temporary Impacts on farm lands:

37. As was reported during the previous monthly reports, several farmlands have been used

during the construction without allocation of respective lands but with prior agreement of

farmers6. For these land plots the khokimiyats, as well as the farmers have been informed

that the compensation for the temporary used lands shall be calculated and compensated,

as well as the new farmlands shall be allocated for the permanently affected farm lands.

The compensation for temporary used farm lands (cost for loss) both in Uychi and

Uchkurgan has been calculated but not compensated yet and no lands have been allocated

for farmers yet. In this regard, UTY follows up with the Namangan Province Land

Resources and State Cadaster to update the “Zemelniy Otvod” and provide the land

allocation for farmlands7. The calculation cost of loss for permanent use of farmland in

Uychi and Uchkurgan are given in the Annex 6.

38. During the reporting period the meeting was held with Namangan Province Land

Resources and State Cadaster to update the status on compensation of farm lands. During

the meeting it was noted, that for the part of the temporary used land plots in Uychi and

Uchkurgan which were not included in the list of cadaster, UTY will issue a variation in the

cadaster’s contract with to include also these used lands (almost 2 ha) for calculation of

compensation. It was also noted that these used lands shall be actually measured on place

(the scheme of land plots is shown in the Annex 1).

Impacts on illegal structures:

39. During the previous reporting period as a result of monitoring only one illegal fence was

identified within the RoW in Uchkurgan region which was not included in list of khokims’

order to be demolished, compensated and lands to be allocated (see Annex 1). UTY has

agreed with khokimiyats to include this structure in the list of affected assets subject to

demolishing and calculate a rehabilitation allowance in accordance with principle defined by

SDDR. During the reporting period, UTY followed up on this case and it has been informed

by khokimiyats that this fence is in process of legalization after which it will be included in

the list of assets subject to demolishing and full compensation.

Cut trees:

40. According to the environmental due diligence (see Project IEE) it was revealed that trees

have been already cut during the construction works without prior payment for which the

corrective measure was suggested.

41. During the previous reporting period it was identified by UTY, that there are no cut trees

which compensation should be paid to Goskompriroda and all trees have owners and will

be compensated within the land allocation procedures. In this regard, the Corrective Action

has been defined by Environmental Monitoring Report, particularly UTY will obtain a letter

from Goskompriroda with confirmation that there are no trees within both districts which

have to be compensated to Gosksomriroda.

6 The agreements of farmers for temporary usage were attached in Annex 6 of the previous MPMR for September. 7 The schemes of temporary roads for construction were delivered to Namangan Province Land Resources and State Cadaster during the previous reporting period.

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II. Status of houses’ demolishing and relocation of residents

42. As was already mentioned, the delivery of the compensation and further relocation has

been already initiated in Uychi, particularly: the 70% of evaluated compensation is already

paid and relevant land plots have been allocated to the owners, the newly allocated lands

are shown in Annex 5. During the previous reporting period almost all APs have been

relocated and the demolishing of affected buildings has been initiated by the owners.

Meantime, almost all APs have already started to construct their new houses on allocated

lands. During the reporting period the UTY specialists and ADB consultants visited several

APs to check the progress of relocation. Several photos from the site visit are shown in the

table 4.

43. The lands allocation has been already completed in Uchkurgan and no compensation was

paid to 16 APs, however, taking into account the season, no demolishing and relocation

has been started during the reporting period (it shall be noted, that none of affected

structures are inhabited and are using as non-residential buildings, but in the cadaster

documents .they are under the official status of residential houses). Only in one case

(lemon orchard) the APs has demolished the metal construction of his lemon orchard to

reconstruct them on the newly allocated land. During the consultations with APs and

khokimiyats, the UTY has one more time noted, that no demolishing and relocation cannot

be done during the October-April period.

III. Status of additional assistance and livelihood restoration

measures

44. During the reporting period, in accordance with requirements of SDDR, the UTY sent a

letter to the khokimiyats on November 24 to provide the information on vulnerable AHs (see

the UTY’s letter in Annex 8). After the provision of this information by khokimiyats, the

assessment of special needs will be done to plan the assistance of vulnerable AHs during

the relocation.

45. Meantime, during the reporting period, as an additional assistance to APs facing relocation,

the UTY (Constructors) provided the APs with the soil for free which they used to make

bricks for the construction of their new houses on the allocated land plots in Uychi region

(see the photos below in table 4). Also the new allocated land plots have been improved

/aligned for further construction. Thus, the provision of free soil to APs allowing them to

avoid expenses on materials for construction.

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Table 4 Photos of site visits in Nov 2017

G.ENVIRONMENTAL MITIGATION MEASURES AND RELATED LAR

IMPACTS

46. The Initial Environmental Examination (IEE) under the Project states that after project

implementation level of noise will significantly increase in compare with existed situation.

Area where new alignment will be constructed is residential area and agricultural lands

without any source of significant noise pollution.

47. Measurements of background noise level were conducted within current IEE in both

settlements – Kizil Ravat village and Uchqurgan city. Calculations of noise level were done

for three points in Kyzyl Ravat village and Uchkurgan city. The points were selected at the

distance on 12 meters from railway (RoW) in front of the houses which will be on the

closest distance to railway8.

48. As a result of due diligence assessment carried out as a part of IEE for the new alignment

section, it was revealed that the baseline level is low and thus projected noise level after

the project should not exceed internationally recognized standards eg. IFC, which ADB

requires in SPS. To comply with this, the following mitigation measures are being proposed

in IEE:

8 See Project IEE, section 4.1, para 118.

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limit the speed to 50 km/h when traversing the Kizil Ravat village

Construct a noise barrier near two houses and planting a tree belt along the other 10

properties

No night train between 22.00 and 07.00

Additional mitigations will be required if night trains will be scheduled in future

49. Two types of suggested mitigations, namely: (i) construction of acoustic barriers, and (ii)

greenings area between railway and receptors may affect the LAR impacts in the new

bypass section, particularly:

1) The construction of acoustic barrier is proposing for P1a and P1b, since there is limited

distance between railway axis and receptors. Calculations showed that acceptable

noise level could be achieved for points ”P1a” and “P1b” by construction 1.7 and 1.5

meters high acoustic barriers. The length of the barriers should be not less than 160

meters for P1a and P1b (both sides of railway – total 320 meters). A distance between

barriers and railway (noise source) should be 6 meters9.

Figure 2. Location of P1a and P1b in Kyzyl Ravat village10

2) In accordance with national regulations, greening of area adjusted to railway also can

serve as a sound consumption barrier. A green stripe width of 10 meters can reduces

noise level up to 5 dB. Therefore, implementation of greenings of the area adjusted to

railway for the rest receptors will decrease noise level until acceptable 55 dB11.

Figure 3. Location of P2-P8 points in Kyzyl Ravat village

(in blue – proposing acoustic barrier)12

9 See Project IEE, section 4.1, para 121.

10 See the Figure 14 in Project IEE.

11 See Project IEE, section 4.1, para 122.

12 See the Figure 15 in Project IEE.

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50. According to the Corrective Action Plan developed as a result of due diligence within IEE13,

the NOKS (Department of capital construction under UTY) is responsible for inclusion

construction of acoustic barrier for points ”P1a” and “P1b” which are two houses (see figure

2.1), as well as greening area in the project design, meantime this must be done during the

construction phase by the UTY Contractor and the acoustic barriers should be constructed

upon new part of railway will be commencement and the cost will be on UTY.

51. The RoW taken for the construction of new 6.7 km bypass was defined as 25-28 meters,

moreover, in the khokim decision map (see Annex 1, figure 5) the 5 meters of RoW is

taken, thus it can be assumed that the suggested construction of acoustic barriers for two

houses with distance of 6 meters between barriers and railway, and the green stripe width

of 10 meters will be within this defined RoW and the mentioned two houses to be

demolished should already been included in District decisions. In this case, no additional

lands will be needed for the proposed noise mitigation measures. However, follow up

verification is needed after the revision of project design for inclusion of the construction of

suggested acoustic barriers and green stripe to ensure that these measures doesn’t require

additional lands and/or demolishing of houses in compare to those already included in

District Decisions.

13

See Project IEE, section 4.1, table 13.

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H.PUBLIC CONSULTAITON, INFORMATION DISSEMINATION AND

GRM14

52. During the reporting period individual consultations have been carried out with APs during

the field visits on 26-27 November 2017 by UTY safeguards specialist and ADB consultants

about the project and entitlement during the relocation, as well as to assess the AP’s

opinions/satisfaction level on the process of compensation and relocation, operation of

GRM, as well as the issues, if any15. The photos from individual consultations are provided

below in Table 5.

Table 5 Individual PCs with APs

53. The local GRM is functioning according to the local legislation. The grievance redress

procedure in Uzbekistan is regulated by the national legislation of Republic of Uzbekistan,

in particular by the law “On Citizens’ Applications” and the “Law on the order of submission

of appeals of physical and legal entities” ((#378, 03 December 2014). According to the

14

Within the preparation of draft LARP of the CAREC 2: PNA Project, as part of Public Information Disclosure, representatives of of Kyzyl Ravat and Yangiyer settlements affected by this associated project’s components participated at the Public Consultations on November 23, 2016. 15 Both in Uychi and Uchkurgan regions two phases of the public consultations have been organized with APs by local knokimiyats in January and May 2017 in order to present the land allocation and compensation procedures for the bypass construction.

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“Law on the order of submission of appeals of physical and legal entities”, the application or

complaint shall be considered within fifteen days from the date of receipt in the state

authority, which is obliged to resolve the issue on the merits, as well as require additional

study and (or) check, a request for additional documents - up to one month. The 1st deputy

of khokim responsible for industry, capital construction communications and utilities, who is

usually responsible for any issues/complaints regarding the construction and land

allocation.

54. During the monitoring visits the logbooks have been studied to ensure that all

complains/requests by APs (both verbally or written) are properly documented in

logbooks16.

55. Meantime, the Project’s GRM was presented to APs during the meetings by UTY

safeguards specialist and ADB consultants.

56. It is planned to organize special trainings in Uychi and Uchkurgan khokimiyats with involved

stakeholders in order to present the Project, the ADB’s safeguards policy requirements, as

well as peculiarities of public consultations and grievance redress mechanism.

57. During the monitoring period only general concern by APs has been related to the provision

of remained 30% of compensation. No written complaints have been registered. Meantime,

the complaints reported in the previous reporting period have been resolved (see the

MPMR for October).

I.CONCLUSIONS AND NEEDED CORRECTIVE MEASURES

58. Based on monitoring findings, the following corrective action plan is proposed to ensure the

proper implementation of land acquisition and resettlement of affected people for the

construction of new 6.7 km alignment (see table 6).

16

The Project GRM logbooks have been distributed in the train stations of Uychi and Uchkurgan districts during the previous reporting period.

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Table 6 Corrective action plan for further monitoring

No The issue/case Action needed Responsible party/ Timeframe

Status/Remarks

1 Compensation of

remained 30% of

compensation in Uychi

and Uchkurgan

1) UTY will officially send a letter to khokimiyats on provision of remained 30% of calculated compensation to APs regardless of takeover the salvaged materials appeared in the result of dismantling of demolished residential houses/buildings by APs to ensure the compliance with SDDR.

2) UTY will follow up on the full compensation of all APs. In case if this will not work, then the scenario B will be implemented and the remaining part of compensation (up to 30%, whatever will be remained after the Khokimiyat's deductions) will be paid by UTY to ensure the compliance with SDDR provisions (the calculation of remained 30% has been done by ADB consultants for UTY’s prior information).

UTY/ December 15 In process

2 Identified illegal (not registered) structure

UTY will officially order khokimiyats to include in the list of affected assets subject to demolishing and calculate a rehabilitation allowance in accordance with principle defined by SDDR. It must be legalized and then compensated. Currently, the khokimiyats are in process of legalization. UTY will follow up with khokimiyat on the clear schedule of legalization and compensation.

UTY, khokimiyats

No schedule could be provided by khokimiyat

yet.

In process

3 Calculation of compensation for used farmlands (both temporary and permanent)

The UTY will follow up with khokimiyats to ensure that the compensation for temporary and permanent used land plots (farm lands) both in Uychi and

Uchkurgan regions has been included in “Zemelniy Otvod” (land allocation decision) and the compensation is calculated and paid based on the schemes

of temporary roads for construction delivered to Namangan Province Land Resources and State Cadaster.

UTY, khokimiyats In process

4 Including the part of missed temporary used land plots in cadaster list and calculation of compensation (cost for loss)

The UTY will follow up with Namangan Province Land Resources and State Cadaster to include the missed almost 2 ha of temporary used farm lands for calculation of compensation.

UTY, khokimiyats

No schedule could be provided by khokimiyat

yet.

In process

5 Partly demolished structures in Uchkurgan

The UTY will follow up with monitoring to ensure that the compensation is fully paid to APs for partly demolished 2 legal fences and one illegal fence in Uchkurgan region and only after that the demolishing can be continued.

UTY, khokimiyats

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6 Identification of vulnerable AHs

As no information has been provided by khokimiyats to UTY’s verbal request, the UTY has sent an official request to khokimiyats to obtain the data in vulnerable AHs asap. The UTY shall follow up with khokimiyats to receive the list of vulnerable AHs to organize a separate assistance during the relocation.

UTY, khokimiyats/ December 15, 2017

7 Strengthening the understanding and implementation of GRM among UTY, Khokimyats and concerned authorities

The UTY shall organize training on GRM in the local offices of khokimiyats.

UTY/ By February 15, 2018

8 Confirmation by specialists on the possibility of safe usage of the remained building in Uychi. (Ulugshaev Ubayhon, compliant from the September’s reporting period)

UTY will follow up with khokimiyat to obtain a conclusion from the relevant specialists that the remaining part of the building can be used by AP without any safety issues.

UTY, khokimiyats

No schedule could be provided by khokimiyat

yet.

9 No relocation from October 2017 till April 2018

The UTY will follow up with khokimiyats to ensure that no relocation is done starting from October 2017 till April 2018 as required by the local legislation.

UTY, khokimiyats/ Continual till April 2018

10 Updating the Uychi khomiyat’s decision to include two new properties for land allocation

The UTY will follow up with Uychi khomiyat’s on updating the khomiyat’s decision to include two new properties for land allocation.

UTY, Uychi khokimiyat/ By December 15, 2017

11 Calculation of compensation for already cut trees

The UTY will obtain a letter from Goskompriroda with confirmation that there are no trees within both districts which have to be compensated to Gosksomriroda.

UTY, khokimiyats/

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Annex 1. Details of LAR impacts and compensation status

Figure 1 Common view Uychi region part

Figure 2 Affected arable/cropland area Uychi region part

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Figure 4 Affected arable/cropland area Uychi region part

Figure 3 Affected residential structures Uychi region part

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Table 1: Legend for Uychi region:

No legal rights for land ownership, the fence and yard of the house is under the affect and

the structure is not included in a list of khokims order for demolish and land allocation.

Affected residential/nonresidential structures;

Affected arable/cropland area;

Based on deep own analysis and compare topographic survey data and khokims order:

These residential structures are not affected based on topographic survey data (map)

which was recently provided by UTY (Annex 2), however these structures stated in

Khokims order for demolish (the UTY will clarify the situation and provide relevant

documents as soon as possible).

The compensation for residential structures are compensated and the structure is partly

demolished (See Annex 1, figure #3).

Newly identified properties in Uychi region, this structures are under rechecking the alignment process by khokimiyats and if it proves UTY will get the decision for the structures.

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Table 2: Data for Affected residential/non-residential structures in UYCHI region

17 The cost for appraising services paid by Affected Households 18 (1) If the owner wants to take the row materials from the structure: The row materials from the structure will be evaluated and will be subtracted from the rest 30%. The result will be compensated to households. (2) If the owner does not want to take the row materials from the structure: The rest 30% fully compensated to households.

Legends

in map

Owner of the

structure

Type of

structure under

the affect

Status of

Evaluation by

Appraising

Company17

Status of

Compensation

The amount of

compensation

100% UZS

(70%/30%)

Status of

land

allocation

Number of

families and

given lands

Affected Land

area/Given

land area (ha)

1 2 3 4 5 6 7 8 9

#1

Sidiqjonov Isoqjon Residential/house Yes 70% is compensated

30%18

is waiting

95483203

(66838242/28644961)

Yes 3/3 0,12/0,18

#2

Otamirzaev

Joramirza

Residential/house Yes 70% is compensated

30% is waiting

70745238

(49521667/21223571)

Yes 2/2 0,08/0,12

#3

Otamirzaev

Adhamjon

Residential/house Yes 70% is compensated

30% is waiting

39892808

(27924966/11967842)

Yes 1/1 0,05/0,06

#4

Turdieva

Marhabo

Residential/house Yes 70% is compensated

30% is waiting

49349270

(34544489/14804781)

Yes 1/1 0,05/0,06

#5

Turdieva

Muhtasarhon

Residential/house Yes 70% is compensated

30% is waiting

31830605

(22281424/9549182)

Yes 1/1 0,05/0,06

#6

Yusupova Atika Residential/house Yes 70% is compensated

30% is waiting

92006897

(64404828/ 27602069)

Yes 2/2 0,14/0,12

#7

Ulugshaev Ubayhon Residential/house Yes 70% is compensated

30% is waiting

118483213

(82938249/35544964)

Yes 1/1 0,13/0,06

#8

Toshtanov

Egamberdi

Residential/house Yes 70% is compensated

30% is waiting

58694731

(41086312/17608419)

Yes 2/2 0,07/0,012

#9

Ulugshaev Abduqodir

Summer kitchen, Not yet Not yet Not yet Not yet Not yet 0,06/not yet

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Table 3: Data for Affected arable/croplands in UYCHI region

19 All schemes of lands which will be taken for temporary use for construction were given to Namangan Province Land Resources and State Cadaster for update the “Zemelniy Otvod” see attachment #1 20 See the agreements attached in Annex 6.

#10

Maripov Valijon Barn Not yet Not yet Not yet Not yet Not yet 0,02/not yet

Legends

in map

Type of

land

Name of the

farm

Calculation of

crop loss

(Agricultural

lands)

Status of

Compensatio

n for loss

crop

Area of

affected

land for

permanent

use (ha)

Area of affected land

for temporary use

(ha)19

Agreement letters

from the

farmers/land users

about land

acquisition20

1 2 3 4 5 6 7 8

#9

Farm Land “Usubjon ota

Boglari”

Yes Not yet 0,4 Not identified yet Done

#10

Forestry N/A Yes Not yet 1,7 Not identified yet N/A

#11

Farm Land “Porloq Kelajak

Osmoni”

Yes Not yet 3 Not identified yet Done

#12

Farm Land “Navbahor

Uychi”

Yes Not yet 1,1 Not identified yet Done

#13

Farm Land “Saylihon

Javohir Orzulari”

Yes Not yet 1,3 Not identified yet Done

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Figure 5 Common view Uchkurgan region part

Figure 6 Affected residential/nonresidential structures Uchkurgan region part

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Figure 7 Affected arable/cropland area Uchkurgan region part

Figure 8 Affected residential/nonresidential structures Uchkurgan region part

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Figure 9 Affected arable/cropland area Uchkurgan region part

Table 4: Legend for Uchkurgan region

No legal rights for property ownership (need to check);

Affected residential/nonresidential structures;

Affected arable/cropland area;

Fence partly demolished, but any compensation was compensated yet

(See figure #13)

After the discussion with UTY, the process of demolishing has been stopped

(14 of September 2017).

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Table 5: Data for Affected residential/nonresidential structures in Uchkurgan region

21 The cost for valuation was done by affected households. 22 The Lands were allocated for affected Households but the Khokims Order is missing for now, but was agreed to have on 15

th of September, 2017

23 The Lands were allocated for affected Households but the Khokims Order is missing for now, but was agreed to have on 15th

of September, 2017

Legends

in map

Owner of

the

structure

Type of structure

under the affect

Status of

Evaluation by

Appraising

Company21

Status of

Compens

ation

The amount of

compensation

100% UZS

(70%/30%)

Status of

land

allocation22

Number of

families and

given lands 23

Affected Land

area/Given

land area (ha)

1 2 3 4 5 6 7 8 9

#1

Gulmatov

Asomiddin

Residential/house No Not yet N/A Yes 1/1 0,006/0,006

#2

Muborokov

Shahobiddin

Residential/house

No

Not yet N/A Yes 1/1 0,006/0,006

#3

Kuchkarov

Yusubjon

Residential/house

(fence partly

demolished)

No Not yet N/A Yes 1/1 0,006/0,006

#4

Alimov

Rahimjon

Residential/house Yes Yes 3730000

(2611000/1119000)

Yes 1/1 0,006/0,006

#5

Alimova

Gulnora

Residential/house Yes Yes 1027000

(718900/308100)

Yes 1/1 0,006/0,006

#6

Alimova

Mahliyo

Residential/house Yes Yes 18404000

(12882800/5521200)

Yes 1/1 0,006/0,006

#7

Nazirova

Manzurahon

Residential/house Yes Yes 43039000

(30127300/12911700)

Yes 1/1 0,006/0,006

#8

Yuldasheva

Mukarramho

n

Residential/house

(fence partly

demolished)

Yes Yes 60271000

(42189700/18081300)

Yes 1/1 0,006/0,006

#9

Mavlanov

Muzaffar

Residential/house Yes Yes 37066000

(25946200/11119800)

Yes 1/1 0,006/0,006

#10

Yuldasheva

Manzura

Residential/house Yes Yes 43039000

(30127300/12911700)

Yes 1/1 0,006/0,006

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#11

Boltoboev

Abdurahmon

Residential/house Yes Yes 43039000

(30127300/12911700)

Yes 1/1 0,006/0,006

#12

Nazirova

Odinahon

Residential/house Yes Yes 33296000

(23307200/9988800)

Yes 1/1 0,006/0,006

#13

Nozirov

Rustam

Residential/house Yes Yes 43039000

(30127300/12911700)

Yes 1/1 0,006/0,006

#14

Madaminov

Bahodir

Residential

/house

Yes Yes 17823000

(12476100/5346900)

Yes 1/1 0,006/0,006

#15

Madaminov

Komiljon

Residential

/house

Yes Yes 15721500

(11005050/4716450)

Yes 1/1 0,006/0,006

#16

Madaminov

Muhsinjon

Residential/house Yes Yes 35003000

(24502100/10500900)

Yes 1/1 0,006/0,006

#17

Madaminov

Mansurjon

Residential/house Yes Yes 25255000

(17678500/7576500)

Yes 1/1 0,006/0,006

#18

Madaminov

Husniddin

Nonresidential Yes Yes 170523000

(119366100/51156900)

Yes - 0.096/0.096

#19

“Uchkurgon”

MCHJ

Nonresidential Yes Yes 73697000

(51587900/22109100)

Yes - 0.15/0.15

#25

Olim

(Fence

affected)

Residential/fence

(fence partly

demolished)

Not yet Not yet N/A Not yet - -

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Table 6: Data for affected arable/croplands in Uchkurgan region

24 The calculations are attached in Annex 3. 25 All schemes of lands which will be taken for temporary use for construction were given to Namangan Province Land Resources and State Cadaster for update the “Zemelniy Otvod” see attachment #1 26 The agreements are attached in Annex 6.

Lege

nds

in

map

Type of

land

Name of the farm Calculation of

loss crop

(Agricultural

lands)24

Status of

Compensati

on for loss

crop

Area of

affected land

for permanent

use (ha)

Area of affected land

for temporary use

(ha) 25

Agreement letters

from the

farmers/land users

about land

acquisition26

1 2 3 4 5 6 7 8

#20

Farm Land “Diyorabegim Oltin

Tolasi”

Yes

Not yet 2,1 Not identified yet Done

#21

Farm Land Abdullaxat Oltin

Tolasi”

Yes

Not yet 1,7 Not identified yet Done

#22

Farm Land Isoqjon

Fayzirahmon

sahovati

Yes

Not yet 1,12 Not identified yet Done

#23

Farm Land “Sanjarbek Sardor

Dilmurod

Yes

Not yet 0,5 Not identified yet Done

#24

Farm Land “Olimjon Umarbek

Lazizbek”

Yes

Not yet 0,1 Not identified yet Done

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Annex 2. New affected properties identified in Uychi (affected by the slope excavation for the tunnel)

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Photos of new identified properties 1st property 2nd property

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Annex 3. Letter to province financial management through regional finance department requesting to

allocate additional budget (in Uzbek language)

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Annex 4. Documents related to compensation and evaluation of structures in Uchkurgan

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Annex 5. Newly allocated lands in Uychi and Uchkurgan

Figure 1: Uychi region

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Figure 2: Uchkurgan region

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Figure 3: Location of newly allocated lands in Uchkurgan region total 19 AHs (6+13)

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Annex 6. Cost for loss Permanent use of farmlands

Figure 1 Uychi:

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Figure 2 Uchkurgan:

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Annex 7. Letter with design layout to khokimiyats including two newly affected

structures in Uychi

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Annex 8. Letter to khokimiyats requiring the information on vulnerable AHs in

Uychi and Uchkurgan regions