draft - World Bank Documents & Reports

Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Station – Substation 500 кV Sogdiana

Action plan concerning land condemnation

D R A F T

REPUBLIC OF UZBEKISTAN

PROJECT OF HIGH-VOLTAGE TRANSMISSION LINE 500 kV

TALIMARJAN THERMAL POWER PLAN – SUBSTATION

500 кV SOGDIANA

With Open Switchgear 500 кV on Talimarjan Thermal Power Plant

RESETTLEMENT ACTION PLAN

September 2010

PMU – Talimarjan Thermal Power Plant

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wb371432

Typewritten Text

RP1003 rev

Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant – Substation 500 кV Sogdiana


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Table of Contents Page

1 Project Description 7

2 Project Impacts 10

3 Objectives of Resettlement Action Plan 13

4 Social Conditions Relating to 114 Affected Farms 13

5 Legal Framework 23

6 Institutional Responsibilities for Implementing Resettlement Measures 28

7 Gaps between National Legislation and Bank Policy on Resettlement and Mechanisms to 29

Eliminate Any Discrepancies

8 Legal Actions Required for Implementation of Effective Resettlement Activities 30

9 Eligibility Criteria for Defining Categories of Affected Parties 31

10 Valuation of and Compensation for Losses 32

11 Entitlements and Compensation 37

12 Land Acquisition Process 41

13 Environmental Protection Measures 41

14 Community Participation and Consultation 41

15 Grievance and Redress Mechanisms 42

16 Implementation Schedule 42

17 Expenditures and Budget 44

18 Monitoring and Evaluation 46



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List of Tables

Table 1. Total Land Acquisition Requirements 11

Table 2. Farm Enterprises Losing Land Due to Construction of 500kV

HVL Talimarjan TPP – S/S in Kashkadarya and Samarkand

Oblasts

14

Table 3. Method calculating cost of compensation of permanent crops (fruit

trees and vinery)

33

Table 4. Average annual cropping capacity in the project area 2007-2009 34

Table 5. Method for calculating cost of compensation for losses of annual

crops

34

Table 6. Matrix of Entitlements and Compensation 35

Table 7. Calculation of compensation cost of land amortization for 114

farming enterprises, occupied by annual crops

37

Table 8. Project Implementation Schedule 39

Table 9. Resettlement Action Plan Implementation Schedule 40

Table 10. General calculation of express for compensation (USD000) 41

Table 11. Internal Monitoring and Evaluation 44

Glossary

mahallya Territorial community, body of citizen self-governance

Optimization (private

farms)

Process of private farms enlargement started upon President‟s documents

in October 2008: Decree “About measures on cropping area

optimization and food crops production increase” and Instruction

“About establishing special committee for development of proposals

on private farms optimization”. The main goal of these documents is

providing private farms vendibility and water supply improvement due to

small farms (less than 10ha) enlargement to more stable (up to 50 ha)

Rural citizen

gathering

Self-governance body in rural locality. It can include several mahallyas

Project area Administrative districts of Samarkand and Kashkadarya region

Hokimiat State governance bodies (city executive boards)



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ACRONYMS AND ABBREVIATIONS

GIS Geographic information system

PDFA Associations of private and dehkan farms

WB World Bank

PIU-WI Project Implementation Unit (high-voltage line 500 kV construction)

M&E Monitoring and evaluation

WB OP World Bank Operating Police

RAP Resettlement Action Plan

UNDP UN Development Program

PIU Project Implementation Unit

PRW Rural citizens gathering

ToR Terms of reference

TA Technical Assistance

FS Feasibility study

O&M Operation and maintenance



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1. Project Description

Project Objective

1. The main objective of the proposed project is to improve the reliability of the electricity

supply in the South-Western region of Uzbekistan. The project encompasses construction of a

new 500 kV substation close to the Talimarjan thermal power plant (TPP) and a new 500kV

power transmission line having a length of 218 km, and other investments to improve the

efficiency, coverage, and reliability of the electricity system in the region. The new

transmission line will start at the Talimarjan TPP, proceed in a south-easterly direction, and

then pass through the territory of Kashkadarya (131 km) and Samarkand (87 km) Oblasts.

2. The proposed project will help to strengthen the transmission interconnection with the

South-Western region with the existing Talimarjan power plant, as well as augment the

capacity of the power generation plant. The population in South-Western Uzbekistan will be

the main beneficiaries of the project which will offer numerous benefits in terms of improved

system reliability and increased export/transit capacity. The project also will support

industrial and commercial development in the region, and may lead to the creation of new

jobs. In addition, it is envisaged that implementation of the proposed project will: allow an

increase in power system sustainability, provide power savings for new consumers of the

south-west region of the Republic, and reliability of the power supply to industrial and civil

facilities.

Main Components

3. The project has two main components:

Component 1: Transmission System Strengthening. This component involves: (a)

construction of a new 500 kV substation at Talimarjan Thermal Power Plant (TPP); (b)

construction of a 218 km 500 kV single circuit transmission line from Talimarjan TPP to

Sogdiana substation; (c) OSG extension at Sogdiana substation; and (d) connection of the

existing Karakul-Guzar line (500kV) to the Open Switchgear of Talimarjan TPP. This

component will require acquisition of land from farms in both Kashkadarya and

Samarkand Oblasts (see para. 9).

Component 2: Institutional Strengthening. This component will be designed to build

capacity within Uzbekenergo to promote the long-term sustainability of the power

transmission system. Strengthening of the project management and financial management

capacities will be the first priority. Legislation related to the tariff system will be

reviewed to improve the efficiency of the transmission pricing. Additional technical

assistance will be included based on the needs identified by the assessment of the

capacity development needs of Uzbekenergo.

4. The project will be implemented in two stages:

Stage 1. Construction of the Talimarjan TPP open switchgear (OSG) 500 kV with

coupling autotransformer (САТ) 500/220 kV and insert of power transmission line 500

kV Karakul - Guzar on Talimarjan TPP open switchgear 500 kV; and a fiber-optic

communication link arrangement on an existing transmission line 500 kV, 220 kV,

110kV, and 35 kV.



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Stage 2. Construction of a power transmission line 500 kV Sogdiana - Talimarjan TPP

and extension of existing open switchgear 500 kV on Sogdiana substation; and fiber-optic

communication link arrangement on an existing transmission line 500 kV in Kokdala

substation.

Description of Project Area

5. The project area covers the site of the construction of the TTP substation, and the area

encompassing the general route of the power transmission line (500 kV) from Sogdiana to the

Talimarjan TPP which covers 218 km and 39 nodes. Administratively, the route crosses the

Samarkand (87 km) and Kashkadarya (131 km) Oblasts in the Republic of Uzbekistan. The relief is

mostly level for the first 36 km from the Sogdiana substation with 14 turning angles, where the

route follows along the northern slope of the Zerafshan ridge at an altitude of 926 – 1180 m, and the

north-west and northern offspurs of Karatepa mountain at an altitude of 827-1105 m with large

depression slopes crossing the transmission line (500 kV) Sogdiana - Guzar, Karatepa water

reservoir (600-620 m) wide, two deep gorges, and the transmission line (220kV) Samarkand - Suvli.

From Angle 14 to Angle 21, the route goes along a pre-mountainous plane with small galleys

starting from the northern slopes of Karatepa Mountain. After Angle 21, the route goes through a

hillside to Angle 31 crossing between Angle 21-22 in densely populated Djam Creek valley where

there is a village 7-8 km long with sparsely located houses. Between Angle 23 and Angle 24, there

is a boundary road, and many small collectors coming to Angle 33 before the Karshi-Kitab railway.

Upon crossing the railway, the route passes agricultural land having many engineering structures,

including the Karshi-Termez railway and Karshi main canal, and by Angles 38 and 39 to reach the

Talimarjan TPP OSG 500 kV. Land acquisition for the towers will be needed throughout the entire

route of the transmission line.

Transmission Line Route

6. The following describes the transmission line route that begins at the Sogdiana substation at

Talimarjan:

Starting from the Sogdiana substation open switchgear 500 kV, the route goes in a western

direction along the northern slope of Zerafshan ridge, turning by angles No.2, No.3, No.4,

and No.5 and turning at the boundaries of Baikishlak, Khodjakuduk and Zinap villages at a

distance of 200 m from any houses. The length of this section is 8.8 km and coincides with 4

hectares of uncultivated forest land.

The route then goes to angle No.5 turns to the north-west and up to the passage through the

Karatepa water reservoir, which crosses irrigated land for 2.2 km. Passage through the

Karatepa water reservoir because there is the Karatepa village; the route from Angle No.7

goes in a northern direction along the eastern offspurs of Karatepa Mountains on uncultivated

land.

Three hundred fifty (350) meters after Angle No.7, the route crosses the boundary of

Samarkand district. The total route length in Urgut district is19.5 km; out of which 2.2 km is

irrigated land.

From Angle No.7 to Angle No.14 route passes Samarkand district along north-west and

northern offspurs of Karatepa Mountains crossing small creeks, the largest are Ilonsai,

Agalyksai, Mirankulsai. Along large gullies villages are located, which cause turnout at

distance of 0,5-1,0 km with minimum distance of 100 m by both sides of route. Land here is



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uncultivated, vegetation is poor; land is used as pasture in spring time. The total route length

within Samarkand district is 17.0 km.

From Angle No.14 route goes along pre-mountain plane with small gullies starting from

northern slope of Karatepa mountains. By Angles No.15, 16 and 17 route turns residence

houses of Tavanul, Ekrikul and Sazagan villages at distance of 0,5 km from the nearest

houses. Land is uncultivated, used as pasture in spring time.

From Angle No.17 to Angle No.18, the route turns to the south, crosses the road to

Samarkand-Karshi, two cable communication lines, the transmission line 220kV Samarkand

– Suvli, then from Angle No.18 route goes in western direction between Mehnatkash and

Kyzyl-Ravan villages at distance of 400 m from end houses. From Angle No.19 to Angle

No.20, the route turns right and again crosses the road Samarkand-Karshi and then turns to

south-west and passes uncultivated land with poor vegetation making turnout at distance of

1,5 - 2,0 km Sarykul, Andkirli, Ibragim-ata villages and crossing road and line 10 kV.

By Angles No.21 - 22 route crosses narrow and densely populated Djam creek valley with

village of the same name, which is located along creek for 7-8 km. Houses are located in a

chaotic order; thus, it is difficult to pass between the houses in order avoid houses demolition.

But it worthy to note that marked corridor for line passage can be built on to the time of

construction. That is why Customer shall inform residents through hokimiat of Nurabad

district about impossibility of houses construction in marked corridor.

From Angle No.22 to the boundary with Kashkadarya region (Angle No.23), the route goes

in a south-western direction on uncultivated land. Relief is smooth (adyrs). Passage along

route is possible only with transport with off-road capability.

The total route length within Nurabad district is 60,5 km, from which near 1km is occupied

by irrigated land, and the rest of the land is uncultivated. Thus, within Samarkand region,

route length is 87,0km: on irrigated land – 4 km, on uncultivated land - 83,0 km.

The next route section passes plane on the right bank of Kashkadarya river, between

Kattakishlak and Annaruz villages (3 km) crossing line 35kV, road to Kokdala village, two

lines 10kV and road between Kattakishlak and Annaruz villages and aqueduct. Land is used

for rain-fed crops, mainly wheat. Then route crosses road Chirakchi-Каrshi, line 110kV

Каrshi-Chirakchi and communication line.

Then the route crosses Kashkadaya River between Katta-Kovchin and Dung-Kovchin

villages located on the left bank. 8 km along left bank route goes on irrigated land where

cotton and cereals are cultivated and 3 km of uncultivated land crossing Karasu River.

After crossing the Karasu River, the route turns to the right and goes on pasture land crossing

transmission line 35 kV, a main gas pipeline, and line 110 kV, then turns to the left and goes

in southern direction 2 km on irrigated lands and 10 km on uncultivated land Agzikent

highland and Kichik Djagilma urochishche crossing automobile road Tadjikishlak-Sherali,

railway Karshi-Kitab, road Karshi-Guzar, transmission line 220 kV Guzar-Karshi.

Then the route turns to the left and along irrigation canal make turnout around residence

houses at distance of 0,5 km. On this site route goes 3 km on uncultivated land, 4 km on

irrigated land, 3 km on pasture crossing two local communication lines, two transmission

lines 10 kV and water pipeline.



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The next section 6.2 km long is pre-mountain plane with uncultivated land used as pasture

and crosses water pipeline and transmission line 10 kV.

Then 9.5 km route is parallel to existing power transmission line 220 kV Karshi –Karshi

canal pumping station 3 crossing railway Karshi-Termez and road Karshi-Talimarjan, several

irrigation canals.

Then route turns to the south and comes to cell of Talimarjan TPP OSG 500 kV crossing

existing line 500 kV Karakul-Guzar before end pole, Karshi canal, several roads and line

110kV. The end of the route is on irrigated land where cotton is cultivated.

7. As a whole, the route crosses an area with simple relief conditions except for the first 36 km

where there are mountains and some exposed hard rocks. The route crosses 2 power transmission

lines 500 kV, 3 lines 220 kV, 3 lines 110 kV, З lines 35 kV, 8 lines 10 kV, 9 communication

lines, 3 water pipelines, 1 gas pipeline, two railways, 19 roads, 1 water reservoir, 2 rivers, 2

canals, 1 main canal, 3 gullies, many small canals and collectors.

2. Project Impacts

Elements Involving Land Acquisition and Related Impacts

8. Constructing and putting into operation a new power transmission line (500 kV) will require

acquisition of 171.45 ha of land affecting 114 farmers that grow primarily cotton and wheat

(tables 1). The project will involve both permanent and temporary land acquisition on these

farms. While the construction of the 500kV transmission line will not require demolition of any

residences, land acquisition is expected for the foundations and towers along the entire route of

the transmission line. All of the affected farms will lose land on both a permanent and temporary

basis, with the main losses occurring on a temporary basis due to construction impacts.

9. Permanent Land Acquisition. The construction of the 500kV power transmission line will

involve permanent acquisition of irrigated, rain-fed, and pasture land covering: 12.03 hectares

for the towers, including 8.32 ha in the Kashkadarya Oblast, and 3,71 ha in Samarkand Oblast.

The irrigated land to be acquired includes 6.91 ha or 4.03% of the total area (Kashkadarya region

– 3.74%, Samarkand region – 0.29%); the rain-fed land covers 5.02 or 2.93% (1.08% in the

Kashkadarya Oblast, and 1.87% in Samarkand Oblast); and the pasture land to be acquired

constitutes 0.1 ha or 0.06% of the total area to be acquired (Kashkadarya region – 0.06%). All of

the affected farms do not have any residences; the farmers and workers live elsewhere. Most of

the affected farms grow cotton and wheat. In Samarkand, there are four farms that grow tobacco.

In Kashkadarya, most of the affected farms also grow cotton and wheat, and six farms grow other

crops - one farm grows clover, two farms have gardens, one has a pasture, one grows grapes, and

one farm has an orchard.

10. Temporary Land Acquisition. Temporary land acquisition is needed for the construction of

provisional roads, and for building bases and settlement arrangements. Although project

implementation will not require physical resettlement, the construction works will require the use

of heavy machinery on private farms which will lead to unavoidable but minimum damage to

crops and associated income losses. The land to be acquired on a temporary basis encompasses

159.42 ha, including 96.29 in the Kashkadarya Oblast and 63.13 ha in the Samarkand Oblast.

The extent of land to be acquired is including: rain-fed land – 75.87 ha or 44,25% (Kashkadarya

Oblast – 11,7%, Samarkand Oblast – 32,5%), irrigated land – 82.14 ha or 47.91% (Kashkadarya



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Oblast – 43.64%, Samarkand Oblast – 4.27%). The total amount of pasture land to be acquired

on a temporary basis is 1.41 ha or 0.82% of the total (Kashkadarya Oblast - 0.82%).

11. The amount of permanent and temporary land needed to be acquired was calculated on the

basis of norms for land acquisition for power transmission lines having a voltage of 0.4-500 kV

in accordance with КМК 2.10-08.97 with the distance between poles being 300 – 350 m.

Permanent acquisition for a pole line 500 kV is 305 m², temporary acquisition for the

construction period under stripe width 15m for intermediate support mounting is 2500 m², and

temporary land acquisition for the corner dead-end pole is 2000 m2. Thus, for construction of the

power transmission line (500 Kv), mostly uncultivated land will be needed. The share of

irrigated land share is 1/5 of the area allocated to the project. Land acquired for the project on a

temporary basis will be rehabilitated. While it will be necessary to acquire land on a permanent

basis from leasehold farms, the amount of land to be acquired would constitute no more than 4

percent of the total holdings (including permanent and temporary losses) of any one leasehold

farm. None of the farms are expected to lose more than one percent of its total holdings on a

permanent basis.

12. Project implementation also will lead to partial employment increases in Samarkand and

Kashkadarya Oblasts during construction and transmission line operation (emergency –

rehabilitation and maintenance works).

Table 1. Total Land Acquisition Requirements

Land Acquisition Requirements

Land user

Area of condemned agricultural lands, ha

Alienation

land, ha

Pastures

Wheat Cotton

Garden

Line 500kV Sogdiana substation – Talimarjan TPP (Kashkadarya region)

The Republic of

Uzbekistan

Kashkadaya region

in permanent

use

0.1

1.81 6.19

0.22

in temporal

use

1.41

20.06 70.88

3.94

Line 500kV Sogdiana substation – Talimarjan TPP (Samarkand region)

The Republic of

Uzbekistan

Samarkand region

in permanent

use

-

3.21 - 0.5

in temporal

use

-

55.81 - 7.32

Spreadsheet of land acquisition

Total:

in permanent

use

0.1

5.02 6.19 0.72

in temporal

use

1.41

75.87 70.88 11.26



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13. The Talimarjan TPP OSG 500 kV is located on a separate site on the left bank of the Karshi

main canal, in the Nishan district of Kashkadarya Oblast in the Republic of Uzbekistan. The

OSG 500 kV site is located opposite the machine hall of Talimarjan TPP on the right bank of

the Karshi main canal. For OSG 500 kV, land acquisition of 27 ha irrigated land was required,

and the affected farmer was compensated for lost income and provided with an alternative site

for his farm enterprise (see para 14).

Project Alternatives Considered to Avoid or Minimize Land Acquisition and Resettlement

14. In compliance with OP 4.12, all measures were taken in establishing the route of the

transmission lines to avoid impacts on residential areas and/or immovable built assets.

Consequently, there will be no displacement of households or businesses due to project-related

construction activities. The one exception involved the need to relocate one farming enterprise

prior to the start of project preparation. The farmer agreed to vacate a plot of land he rented

adjacent to the Talimarjan power station which will be used for the construction of the new

power substation, in exchange for another equivalent plot of land that he could farm. The

farmer also received 48.400,000 Uzbek sum to cover income losses associated with this transfer.

15. Although the most efficient route for the transmission line would follow to the extent

possible a straight line, the project area‟s natural barriers, engineering communications,

mountains, and settlement locations resulted in a route for the 500 kV transmission line having a

zigzagging alignment with 39 angles. In the first 8.8 km section, the route turns at angles No.2,

No.3, No.4, and No.5 at Baikishlak, Khodjakuduk, and Zinap villages with a distance of 200m

from any houses. Any other route would have required demolition of residences and increased

the risk of accidents.

16. The alternative routes for watercourse crossings (Kashkadarya River, Karshi main canal,

Karatepa water reservoir) along a straight line would have required construction with one-two

intermediate supports in a flood land-channel area that would increase accident risks during line

operation and negative impacts on ichtyofauna and their habitat, water quality, and sediment

quality. By contrast, the more optimal route selected for passing through the Karatepa water

reservoir, Kashkadarya River, Karasu River, Karshi main canal, and other canals and collectors

has one span over the narrowest sections with angles of deflection. Thus, the selected route

Sogdiana substation – Talimarjan TPP has advantages from the perspective of social impacts,

environmental impacts, and accident risks.

3. Objectives of Resettlement Action Plan and Principles Applied

17. The main objectives of the RAP are to:

(a) Ensure construction, rehabilitation, and rehabilitation/repair works required for project

implementation are implemented in accordance with the policies and principles outlined

in this document;

(b) Provide a basis for consultations with relevant stakeholders;

(c) Provide farmers with clear knowledge of their entitlements and responsibilities;

(d) Provide guidance to affected groups on how to launch any grievances through appropriate

channels; and

(e) Ensure monitoring of arrangements for compensating project affected parties.

18. In formulating the RAP, the following principles were incorporated:



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Project implementation will avoid or minimize land acquisition to the extent possible.

Affected persons are entitled to be compensated at full replacement cost (that is,

excluding depreciation) for their lost assets, including temporary losses or impacts,

regardless of the legal status of the land and land use.

Compensation will enable affected persons to restore their pre-project incomes and

standard of living following the implementation of the RAP.

Affected persons will be consulted with in the course of the preparation and

implementation of the RAP.

Affected persons will be fully informed of their compensation options.

Temporary adverse impacts on land will be minimized through careful implementation of

construction/rehabilitation works; additional measures will be taken to inform the farmers

well before construction takes place so that damage on standing crops can be minimized.

Land-for-land swap is the preferred compensation for lost agricultural land, if it is

available, unless the affected person chooses cash compensation for lost income.

All costs for transferring the property are waived or borne by the investor, including

taxes, fees, documentation and court appeals.

Compensation will be provided giving equal consideration to women and men.

Lack of a formal lease or land use agreement does not bar affected persons from

entitlements or assistance required to achieve the objectives of the policy.

Compensation or other assistance will be fully provided before land can be acquired for

civil works or demolition.

Wherever the laws of the Republic of Uzbekistan are inconsistent with the World Bank‟s

policy on involuntary resettlement (OP 4.12), the policy of the World Bank will take

precedent.

4. Social Conditions Relating to 114 Affected Farms

19. Based on last data available as of August 2010, 114 farms will be affected by construction

of the power transmission line (218 km long) extension of the Sogdiana substation 500 kV,

and construction of Talimarjan TPP OSG 500 kV. The heads of these farms have formal

leaseholder status, and there are no residences on these plots. As determined by the Institute

“Usdaverloiha,” there are 24 farms in the Samarkand Oblast and 90 farms in the Kashkadarya

Oblast. Among them, 83 will not lose more than 1 percent of their holdings and the remainder

will not lose more than 4.14 percent of their land. Among all of the farms losing land, most

losses will be temporary as noted in table 2. Nonetheless, the farming enterprises and the

amount of land to be acquired from each farm, as presented in table 2, remains subject to

change pending acceptance of the final engineering designs.



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Table 2. Farm Enterprises Losing Land Due to Construction of 500kV HVL “Talimarjan TPP - S/S Sogdiana” in Kashkadarya and Samarkand Oblasts

№ Name of the farm

enterprise

Name, surname of the

head of farm

enterprise

Which

crop is

grown

Quantity

of the

lots

Alienation

land, ha

(temporary

use)

Alienation

land, ha

( permanent

use)

Total area, ha

SAMARKAND OBLAST

Urgut district

1. Zuhriddin Muhriddin

Hujaydo Shabbodasi Umarov Tolib

wheat,

tobacco 1 0,33 0,03 120

2. Abdulla Ismail qurgoni Sattorov Gaybullo Wheat 1 0,66 0,04 100

3. Mamadiuor Merosi terakzor

shirin Hasanov Yoqub

wheat,

tobacco 1 0,33 0,07 80

4. Mingbuloq Adgro strvis Sobirov Naim wheat,

tobacco 1 0,52 0,03 90

5. Mingbuloq Adgro Urgut f/h Suyarov Shomurod wheat,

tobacco 1 2,05 0,14 180

6. Umarov Odil UDE Eshqubbatov Hurram Wheat 1 0,49 0,03 80

7. Zuhriddin Muhriddin

Hujayduq oltin dalasi Umarov Z Wheat 1 0,35 0,01 95

8. Samarkand Markaziy urmon

khujaligi Abdullaev H. Garden 1 4,09 0,23 67

Samarqand district

9. Shomahmudov Shomurod

boglari Shomurodov Amir wheat, 1 0,36 0,03 70

10. Rayhimov Bafoqul boglari Rahimov Shuhrat Wheat 1 0,17 0,01 20

Nurabod district

11. Anjirli Guzari f/h Holiqulov K wheat, 1 1,9 0,1 246



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12. Sariqul f/h Sidiqov Sharob Wheat 1 6,5 0,2 127

13. Sariqul Chashmasi Abdualimov K Wheat 1 2,3 0,1 140

14. Anjirli Sadosi Sharipova Wheat 1 2,7 0,1 139,6

15. Bobur f/h Lutfillaev B wheat 1 3,5 0,1 140.7

16. D Ramazonov Toshpulatov S wheat 1 5,68 0,1 135.5

17. Gayrat f/h Tangmatov I wheat 1 3,9 0,1 180,6

18. Sozogon Bekmurodov M wheat 1 8,25 0,47 159.53

19. Mulki Bekmurod Bekmurodov N wheat 1 2,6 0,1 126

20. Uzbekistan Avazov M wheat 1 3,4 0,1 76

21. Ulugbek Hudoynazarov T wheat 1 1,9 0,1 120

22. Isoq bobo Shermatov H Wheat 1 4,07 1,3 130,6

23. Mulki Bohodir Mahmadiyorov U Wheat 1 3,68 0,12 105,6

24. Abbazov M Jumanov B Wheat 1 3,4 0,1 70

Total for Samarkand Oblast 63.13 3.71

KASHKADARYA OBLAST

Chiroqchi district

25. Ibn Sino vakcina ilmiy i/ch

birlashmasi Vafoqulov Wheat 3 2,04 0,15 3818

26. Umakay yulduzi Umarov H. Wheat 2 2,97 0,18 151

27. Amir Bozorov T. Cotton, wheat 2 0,52 0,03 181

28. Safar Davkar Botirov H. Wheat 3 1,03 0,06 106

29. Temur Turdiqulov O. Cotton, wheat 2 1,6 0,12 273,4

30. Umir bobo Umirov O. Cotton, wheat 3 2,87 0,12 134,5

31. Nurmuhammad Nuriev A. Cotton, wheat 2 0,22 0,22 71,3

32. Mussa ota Musaev A. Cotton, wheat 3 1,12 0,05 96

33. Muhammad Amin Umarov I. Cotton, wheat 3 0,7 0,06 115,8

34. Eshquvvatboy Eshquvvatov Sh. Wheat 2 0,45 0,02 155



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35. Avlayorov Navruzbek

Valiqulov Dillaev B. Cotton, wheat 2 1,41 0,45 170,4

36. Jura bobo Boyqulov Boyqulov H. Cotton, wheat 2 1,6 0,06 135,7

37. Holmuradov Safar bobo Holmuradov A. Cotton, wheat 2 0,66 0,03 96,3

38. Karimov Berdimurod

Jahongirovich Karimov B. Wheat 1 0,81 0,03 150

39. Jaloliddin Ahmadhon ugli Hoshimov I. Wheat 1 1,52 0,09 387

40. Mahmudov Fahriddin

Ruzikulovich Mahmudov F. Wheat 1 0,78 0,07 101,3

41. Rayhon Dust Hudoyberdiev R. Wheat 1 0,87 0,08 100

42. Mashal bobo Turdimurodov E. Wheat 2 1,02 0,06 342

43. Normurod bobo ugli Suhrob Pulatov O. Wheat 1 0,85 0,07 101

44. Qurbon bobo nabirasi

Kamol Kurbanov К. Wheat 1 4,72 0,7 3579,5

45. Nabieva Zumrad Erkinovna Nabiev E. Cotton, wheat 1 1,65 0,09 114

46. Bozor bobo Abraev U. Cotton, wheat 1 1,3 0,07 89,6

47. Hurram Berdiqulovich Holiqulov H. Cotton, wheat 2 1,78 0,08 198,7

48. Kazakov Mamadoli Kazakov М. Wheat 1 1,2 0,18 129,3

Qamashi district

49. Poyon bobo-Bekmurod Poyonov Bahodir Wheat 1 1,8 0,12 113,7

50. Davronbek-Shodiyor Mardanov Zakir Cotton,

wheat 2 0,75 0,06 193,2

51. Sherzod-Narzullo Ravshanov Sherzod Cotton,

wheat 2 2,5 0,15 284,58

52. Burhan-Siddin Siddiqov Buri Cotton,

wheat 1 1,13 0,06 136,7



17

Guzar district

53. Tuhta bobo Bozorov E. Cotton,

wheat 1 1,86 0,12 72,4

54. Sherzod A.S. Safarov A. Cotton,

wheat 2 1,34 0,09 170,8

55. Kucharov Sirojiddin S.Kucharov Cotton,

wheat 2 0,15 0,03 121,6

56. Usmonov Rustam R.Umirov Cotton,

wheat 2 0,75 0,04 153,4

57. Jaloliddin Dovutbek Avazov B. Cotton,

wheat 2 0,9 0,06 292,9

58. Normumin Sharofiddin Boynazarov N. Cotton,

wheat 1 0,6 0,06 141

59. Rahim ota Yarmatov O. Cotton,

wheat 2 1,41 0,09 245,4

60. Komronbek H.Tuhtaev Cotton,

wheat 1 2,25 0,44 192,6

61. Orif Murodov E. Cotton,

wheat 2 0,65 0,06 124,8

62. Olmos H.Ostonov Cotton,

wheat 1 0,53 0,03 72,3

63. Qilich bobo Т.Kahharov Cotton,

wheat 1 0,57 0,03 145,2

64. Shoymardon bobo Pulat

ugli Gayrat Pulatov

Cotton,

wheat 3 1,32 0,08 534,9

65. Navruz Mirsalim ugli M.Shapoatov Cotton,

wheat 2 1,04 0,06 96,96



18

66. Til Aziz f/e E.Тilovov Cotton,

wheat 1 0,53 0,03 45,1

Qarshi district

67. Sardor Sh Yangibog Azizov Sh. Cotton,

wheat, clover 2 1,46 0,06 110,4

68. Navruzi Olam Yangibog Azizov Sh. Cotton,

wheat 1 0,97 0,08 128

69. Dilmurod bobo Yangibog Elmuradov

Sh.

Cotton,

wheat 1 0,78 0,05 147,8

70. Golibjon Namuna Karimov A. Cotton,

wheat 2 1,0 0,08 104,0

71. Abdurahmonova Guzalya Namuna

Abdurahmanov

Cotton,

wheat 2 2,57 0,05 370,1

72. Begna bobo Ipak yoli Safarov A. Garden,

wheat 1 1,7 0,06 41,5

73. Feruza Yangibog Nomazova Cotton,

wheat 2 1,08 0,09 130,8

Nishon district

74. Gafurov Eshmamt f/e Gafurov E. Cotton,

wheat 1 0,17 0,03 161,8

75. Halimov Avaz f/e Hakimov A. Cotton,

wheat 1 0,57 0,04 63

76. Norqulov Eshdavlat Norqulov E. Cotton,

wheat 2 0,42 0,03 89,4

77. Namozov Abduvahid Nomozov A. Cotton,

wheat 1 0,18 0,04 60,6

78. Abraev Abdurashid Abraev A. Cotton, 1 0,58 0,05 43



19

wheat

79. Eshmatov Burhan Eshmatov B. Cotton,

wheat 2 0,52 0,04 112,5

80. Hayitova Sayyora Mamatov Panji Cotton,

wheat 1 0,44 0,06 50,6

81.

Jumaev Sultan f/e Jumaev S. Garden 1 0,69 0,04 18

82. Chorshanbieva Hanifa Abraev Ravshan Cotton,

wheat 1 1,26 0,09 75,2

83. Yulduz f/e Eshmamatov B. Cotton,

wheat 1 0,63 0,04 55,73

84. Azizbek f/e Toshbadalov

Azizbek pasture 1 1,41 0,1 214,8

85. Pardaev Hasan Yahshiboev Anvar Cotton,

wheat 1 1,55 0,1 114,7

86. Daliev Uktam Daliev U. Cotton,

wheat 1 0,69 0,04 90,5

87. Hudayorov Hujaqul Hudoyorov H. Cotton,

wheat 1 1,52 0,18 61,4

88. Rahmonov Abdunazar Rahmonov

Abdunazar grape 1 0,76 0,03

9,4

89. Shomirzaev Nurali Shomirzaev N. Cotton,

wheat 1 0,34 0,01 55,2

90. Nuriston-g Guliev K. Cotton,

wheat 2 0,49 0,03 117,6

91. Husanov Nortoji Husanov N. Cotton,

wheat 1 0,87 0,06 74,1

92. Eshqobil ota Muzafar Eshqobilov Bahodir Cotton, 1 0,2 0,01 60



20

wheat

93. Boborahmatova Saodat Ergashev Hushnazar Cotton,

wheat 1 1,72 0,15 59,5

94. Nuriston-g Guliev K.. grape 1 0,52 0,06 11,14

95. Haydarov Kahramon Haydarov Yu. Cotton,

wheat 2 0,67 0,03 143,3

96. Geldiev Anvar Ergashev Bahodir Cotton,

wheat 1 0,68 0,04 68,4

97. Gulmurodov Pulat Gulmurodov P. Cotton,

wheat 1 0,24 0,03 47,4

98. Normatov Samumurod Razzaqov Ibrat Cotton,

wheat 1 0,84 0,06 70,8

99. Serfayz f/e Norqulov Ortiq Cotton,

wheat 2 1,2 0,1 96

100. Yoqub bobo Yoqubov

Abdurahman

Cotton,

wheat 1 1,0 0,3 72,8

101. Jabbor ota Qodirov Eshpulat Cotton,

wheat 2 0,8 0,09 350,7

102. Qoraev Z Qoraev Zafar Cotton,

wheat 1 0,6 0,04 59,4

103. Karimov Abduqayum Karimov A. orchard 1 0,27 0,03 10

104. Halikov Mardonakul Haliqov M. Cotton,

wheat 1 1,47 0,1 111,2

105. Eshqul ota Holiqov Utkir Cotton,

wheat 1 0,84 0,08 113,4

106. Abrahmat f/t Yusupov Soat Cotton,

wheat 1 0,48 0,03 62,1



21

107. Hasan ota f/e Tilovov M. Cotton,

wheat 1 0,74 0,08 65,7

108. Nayman ota Mavlonov Ruziboy Cotton,

wheat 2 1,4 0,2 154,9

109. Omonov Botir Omonov Botir Cotton,

wheat 1 0,4 0,03 37

110. Ergashev Bahodir Ergashev B. Cotton,

wheat 1 0,8 0,06 60

111. Egamov N Egamov N. Cotton,

wheat 1 1,1 0,1 82,9

112. Alpomish Hatamov S. Cotton,

wheat 1 1,4 0,16 82

113. Rajabov Javli Rajabov J. Cotton,

wheat 1 1,2 0,12 85,3

114. Aynazarov Asliddin Aynazarov A. Cotton,

wheat 2 1,3 0,26 117,5

Total for Kashkadarya Oblast 96.29 8.32

GRAND TOTAL 159.42 12.03



22

5. Legal Framework

Scope of State’s Right for Land Acquisition and Compensation

20. According to the national Land Code of the Republic of Uzbekistan, all land in the republic is

state property and permits for use of land are granted and monitored by the State through the

district and oblast administrations. National legislation specifies two types of land transfers: (a)

for use, lease, or ownership by legal entities dealing with various trades and services for lifelong

inheritable use (with housing), and (b) use or lease by individuals. Because all land ultimately

belongs to the State, it cannot be sold without the buildings on that land. In the case of individual

land uses, land can be purchased only with the residence located in that land. A similar provision

applies to land used by legal entities (owners of trade or service facilities).

21. All land occupied by permanent structures required in the project, specifically, electric power

lines, wells, cross regulators and outlets, water measuring structures, collectors, and related

protection perimeters („sanitary zones‟) is allocated by the State through the local authorities and

will remain the property of the State upon completion of the Project. Legislation envisages

compensation for damages to land users in full, including lost income, in the following instances:

(i) seizure, purchase, or temporary occupation of land; (ii) limitation of the rights of users; and

(iii) deterioration of land quality due to the effects of construction works, and servicing and other

activities that lead to decreases in the quantity or quality of agricultural products. In the case of

acquisition of agricultural lands, in addition to compensation for damages, the legislation

envisages compensation for the loss of agricultural production. The Land Code identifies the

following categories of arable land users, who are eligible for compensation for losses and

damages in connection with land acquisition:

Land owners – citizens who were allocated land plots for individual housing

construction and/or dehkan farming on the basis of lifetime ownership with right of

inheritance.

Lessees (leaseholders) – farmers, who were allocated land plots for agricultural

production purposes, on the basis of a long-term lease.

Land users – users of land plots occupied by tradesmen and services, which are used as

private property.

Other land users – all other enterprises, organizations and institutions, which are entitled

to use of non-agricultural lands. This is the largest category, which includes enterprises

and institutions of all types (private and public). Examples are hospitals, schools, private

enterprises, and factories.

Legislation Regulating Land Use, Estimation of Property Values and Damages, and

Payment of Compensation

22. Key legal documents regulating land-related issues relevant to this project are the

following:

(a) Land Code of the Republic of Uzbekistan (RUz) approved by the Law on Land of RUz

of 30.04.1998 and amended on 30.08.2003 and 03.12.2004. The amendments regulate

issues related to exemption and allotment of lands for non-agricultural purposes and

compensation for agricultural production losses;



23

(b) Resolution of the Cabinet of Ministers (RCM) of the RUz No. 248 of 27.05.1992 “On

adoption of the Regulations on the procedures related to exemption and allotment of

land plots for non-agricultural purposes”;

(c) RCM No 246 of 25.05.1992 “On adoption of Regulations on settlement of land disputes

in RUz”;

(d) RCM No. 282 of 15.06.1992 “On adoption of Regulations on classification and

compensation of losses of agricultural and forestry production resulting from occupation

of land for purposes not related to agricultural and forestry activities in the RUz”, with

revisions according to RCMs No. 126 of 11.04.1995, and No. 223, 16.06.1995.

23. The following are the main articles of the Land Code that deal with land acquisition

relevant to this project.

Article 23. Provision of Land

24. The allocation of a land plot is made through a Decision of the Cabinet of Ministers of the

Republic of Uzbekistan, obast (province) hokims, and district hokims in accordance with the

procedure established by legislation. According to this article, non-agricultural land or land

not usable for agricultural purposes, or agricultural land of non-classified quality shall be sold

for purposes of constructing industrial premises, railroads and automobile roads,

communication and power lines, and main pipelines as well as for other non-agricultural

needs. The provision or sale of land lots for these purposes out of forestry land shall be

implemented primarily in areas covered with bushes and plants of low value rather than

forestry resources. It shall be prohibited to take possession and use of the provided (sold)

land plot until the authorities in charge of land use have established the boundaries of the plot

concerned and have issued relevant documents certifying the right of possession or the right

of use of the land. The procedure for acquiring land and its use is specified in the legislation.

Article 80. Environmental Requirements, Location, Design, Construction and

Maintenance of Facilities, Constructions, and Structures

25. Environmental requirements for the location, design, construction, and maintenance of

facilities, constructions, and structures shall be regulated by the legislation on natural

protection to be carried out during the location, design, construction, and operation of the

new and reconstructed facilities, constructions, and structures as well as when introducing

new technologies that have negative impacts on land conditions. Assessment of the negative

impacts of the facility or new technology introduced on the land, as well as the efficiency of

land use, is to be made on the basis of an environmental assessment. It is prohibited to put

into operation facilities and implement technologies without taking measures for protecting

land from degradation or damage, and receiving a favorable conclusion from the

environmental expertise. Installation of facilities affecting land conditions shall be agreed

upon with land planning, natural protection, and other authorities in accordance with

procedures established by national legislation.

Article 86. Compensation for Losses by Tenants, Land Users, Leaseholders and Land

Owners

26. Damages incurred by land tenants, land users, land lessees, and land owners shall be

subject to compensation in full (including loss of income) in the following instances:

Acquisition or temporary occupation of land;



24

Restriction of rights resulting from installation of protection and sanitary zones around

national reserves, sanctuaries, parks,, cultural and historical monuments, ponds, sources

of water supply, health resorts, along rivers, canals, discharges, roads, pipelines,

communication and power lines;

Deterioration of land quality as a result of the effects of construction and operation of

water resources, canals, collector drains, and other objects emitting substances harmful

for agricultural crops and plants, as well as the effects of other actions by physical and

legal persons leading to harvest decrease and deterioration of agricultural produce quality.

27. Compensation of losses shall be implemented by enterprises, establishments, and

agencies to which the acquired lands are being allotted, as well as by enterprises,

establishments, and agencies whose activity involves limitation of rights of land tenants, land

users, land lessees, and land owners, or degradation of surrounding lands, according to the

procedure established by the legislation.

Article 87. Compensation of Losses of Agricultural and Forestry Produce

28. Losses of agricultural and forestry production caused by the acquisition of agricultural

and forestry land, including agricultural land owned and used by physical persons, for

purposes not connected with agricultural and forestry activities, causing the limitation of the

rights of landowners, land users, and land lessees or the deterioration of land quality as a

result of the effects of activities of enterprises, institutions, and organizations shall be subject

to compensation, apart from compensation of damages provided for by Article 86 of this

Code.

29. Losses of agricultural production and forestry shall be subject to compensation to

physical and legal persons:

Who are exempted from agricultural and forestry land regulations because their needs are

not related to agriculture or forestry; and

Whose holdings are surrounded by sanitary and protection zones with restrictions on

agricultural and forest use or re-evaluation as less valuable land.

30. Losses of agricultural and forestry production shall not be subject to compensation if: (a)

land is acquired for the construction and servicing of individual housing; (b) land is acquired

for the construction of schools, boarding-schools, orphanages, preschool and healthcare

establishments; and (c) land was allocated for water management purposes and for the

construction of irrigation and water related facilities. These conditions, however, do not

apply to the proposed investment.

Article 88. Utilization of Funds Received as Compensation for Losses of Agricultural

Production and Forestry

31. Funds obtained as compensation for losses of agricultural or forestry produce shall be

used in accordance with legislation to:

Expand territory and carry out rehabilitation of irrigated land;

Improve soil fertility;

Build and rehabilitate collector and drainage networks, to do land leveling and to increase

water availability on irrigated land;



25

Improve land used for hay and pastures; and

Adjust or develop designs and other documentation for planning the use of affected lands

in connection with the public acquisition of land.

32. By decision of the Oblast Hokim, the funds specified in the first part of the Article may

also be used for implementation of other measures aimed at increasing agricultural

production. Funds obtained as compensation for losses of forestry produce shall be

considered separately, and used for establishment and recreation of forests, fruit trees,

forestation of desert land, shores of reservoirs and rivers, as well as for other measures to

improve forest conditions.

Procedures for Allocating Land for Non-Agricultural Use

33. The procedures for transferring land plots for non-agricultural and non-forestry purposes

is established by the RCM No. 248 of 27.05.1992. As described in more detail below, the

process for assigning lands to be used for non-agricultural purposes is accomplished in three

steps: (i) step 1: selection of a land plot, (ii) step 2: acquisition of a land plot, and (iii) step 3:

land marking of the allocated land, issuance of the State certificate for the right of permanent

or temporary land use, and updating of land registration and cadastre documents.

Step 1. Selection of Land Plot

(a) Uzbekenergo submits an application to Oblast Hokimiyat (Province Governor) for the

selection of lands subject to acquisition for construction of facilities in the framework of the

Project.

(b) The application must specify: (i) the aim and the period for which the land plot is needed; (ii)

its location and size; (iii) the justification for acquiring the land; (iv) the planned construction

schedule; and (iv) complementary justifications supporting the necessity for land acquisition.

These latter must include: (i) extracts from the Loan Agreement between the RUz and World

Bank, (ii) resolutions of the Cabinet of Ministers of the RUz; and decisions of UzbekEnergo

construction of objects within the territory of the district where the project is located.

(c) According to RCM No. 248, the Oblast Hokimiyat considers the submission within five days,

and requests the permanent regional land acquisition commission to: (i) define the location of

constructions and facilities, and (ii) select a land plot for design of their construction.

However, there is no commission working on a permanent basis in Samarkand and

Kashkadarya Oblasts, so the oblast hokimiyat has to identify the composition of the

commission, and issue instructions for its establishment. The commission needs to

representatives of the departments and institutions carrying out the land allocations;

representatives of the enterprises and/or organizations being allocated land plots; and those

whose lands are subject to acquisition, in this case, the leasehold farmers.

(d) The Goskomzemgeodezkadaster (Geocadastre) Department, within the district hokimiyat, is

the main administrative agency in charge of the selection of alternative land plots to be

allocated for construction of the facilities, primarily non-agricultural lands, land not suitable

for agriculture, or agricultural lands of poor quality. When part of the infrastructure to be

constructed has to be located on agricultural land, the following criteria shall be considered:

(i) preservation of the most valuable, productive irrigated lands, (ii) observance of rules on

land management in force in the territory, (iii) compliance with requirements for protection

and improvement of the environment; and (iv) consideration of alternative sites for the

construction of accessory facilities in such a way to avoid encroachment on crop land.



26

(e) At the stage of acquiring land plots, the Geocadastre Department also: (i) assesses the losses

of land being incurred for land owners and users, as well as losses of agricultural production;

(ii) defines options to restore land for farming, including removal and temporary storage of

topsoil; (iii) defines, if applicable, the sanitary and water-protection zones around facilities

being constructed and the rules and restrictions to be followed within such perimeters; (iv)

elaborates proposals for compensation with an equivalent land area of the same or better

quality in other areas in consultation with citizens; and (v) in the case of permanent

occupation of irrigated lands, estimates the requirements and cost for the reclamation of

replacement lands.

(f) Multiple land plots must be initially selected for the location of the planned construction sites

and facilities. The boundaries of the planned infrastructure should be reported on plans or

maps indicating the perimeters of the total plot area, the crop patterns and if applicable, and

the location of needed reclamation infrastructure such as irrigation canals or drainage

network. The cartographic documents must be approved by members of the land acquisition

commission.

(g) The various options of land plots, as well as the relevant compensation plans included in the

acquisition agreement, must be approved by the PIU and land users or their representatives.

The consultation process involves representatives of departments of state sanitary and

epidemiological stations (SES), fire inspectorate, nature protection, and land and water

resource management authorities.

(h) All documents on the selection of occupied and acquired land must be approved by the

district khokimiyat and further submitted to the land acquisition commission for review and

selection of the option, and for approval of the report and Land Selection Act. The

conclusions of the commission‟s work are finalized and documented in a Land Allotment

Agreement Act.

Step 2. Land Acquisition for Construction

(a) Upon approval of construction design documents by the competent authorities and allocation

of funds for construction, UzbekEnergo submits an application for acquisition of land for

permanent and temporary use to the heads of district administration where the project is

located.

(b) The application has to include the following documents: (i) certificate and approved report on

the selection of land; (ii) copy of the construction design documents of the facilities with an

implementation plan; (iii) itemized list of construction works with confirmation of

availability of funds for indemnification of damages, losses of agricultural production

including restoration of lands, removal and storage of topsoil; (iv) a warranty on construction

financing; (v) certificates of consultation with the sanitary and epidemiological services, the

fire department, and other relevant organizations.

(c) Authorization of occupation of land for limited periods of times is provided for the duration

of the construction period. After completion of the construction works the agricultural lands

temporarily occupied have to be restored to a condition appropriate for agricultural use by

UzbekEnergo at its own expense.

(d) Simultaneously with the procedure of acquisition of the land, a detailed estimate of the



27

potential losses of agricultural production and other potential damages to land owners and

land-users has to be conducted. The costs for compensation for loss of land productivity,

including removal and storage of topsoil and restoration of the affected lands is borne by

UzbekEnergo with the funds specifically set aside for compensation of agricultural

production losses.

(e) The procedure of assessment and compensation for losses of agricultural production resulting

from acquisition of lands for purposes not related to agriculture is defined in the RCM No.

223 of 16 June, 1995.

(f) Losses of agricultural production are assessed by an Evaluation Commission, constituted by

instruction of the head of district khokim, along with determination of losses incurred by

landowners and land-users resulting from acquisition of land for public needs.

(g) The basic information, required by the evaluation commission for the assessment of the

extent of the losses of agricultural production, is provided by the design institute which

developed the land acquisition plan.

(h) In case of acquisition and allotment of land for temporary use for purposes not related to

agriculture or forestry, losses corresponding to one year agricultural and forestry production

are estimated as the average revenue from the harvest earned from the acquired land over the

previous three years.

(i) The contractor is responsible for returning the land to the landowners and land-users, in

appropriate condition for agricultural use. If there is need for extension of the use of the land

beyond the specified terms, the contractor must submit a request for extension of the period

of utilization of the land to the organization which provided the authorization to use the land.

The compensation of losses of agricultural and forestry production will have to be increased

accordingly for the corresponding number of years.

(j) The findings of the evaluation commission is finalized in a certificate of the right to land use,

which has to specify the acquired agricultural lands, the agreed conditions and the total value

of the losses of agricultural production and losses of land users.

(k) Estimates of the losses of agricultural production are conducted simultaneously with the

procedure of land acquisition and attached to the other documents and plans required for land

acquisition. All the above documents will be submitted to the regional land acquisition

commission for approval.

(l) The contractors, which are to occupy the lands, will transfer funds allocated for compensation

of the losses of agricultural production within one month after obtaining the financing for

construction, and will appropriately register transfer of capital investments to regional

hokimiyats in accordance with existing regulations.

(m) The procedure for land acquisition is planned and coordinated with the agency entitled to use

the exempted land, representatives of district SES, fire department, nature protection, the

Geocadastre, and the agriculture and water resources department.

(n) When land is being acquired from enterprises, institutions, or organizations under Ministries,

State Committees and State Agencies, the procedures have to be coordinated with the

respective Ministries as well as State Committees and Agencies.



28

Step 3. Layout of Land to be Acquired

(a) According to Section VI, Para, III of the RCM No. 248, the plan of land acquisition for

permanent use, approved in accordance with the existing regulations, should be marked after

the compensation to landowners and land-users for losses of agricultural or forestry

production has been paid. The pegging of land is implemented in the presence of a

representative of the organization for which the land is being acquired, a representative of the

farm from which the land is being acquired, as well as representatives of landowners and

land-users of adjacent lands.

(b) Certificate of land marking with an attached plan should be signed by a representative of

the district Geocadastre department, and representatives of landowners and land users. The

certificate, along with all annexed documents, should be included with the land acquisition

decision.

(c) Certificate of the right for land use is delivered in three copies in the agreed form after

completion of the pegging. Layouts of the land plot, including the actual measurements of

the land surface, are attached to the certificate.

(d) All modifications to land ownership and land use of a farm resulting from acquisition, shall

be included in the state register on the right of permanent land ownership or state register on

the right of permanent land use and, if applicable, in other land cadastre documents.

(e) Laws and bylaws of RUz provide for procedures for multi-party consultations and

coordination at all stages of land acquisition in order to avoid possible conflicts and violation

of land users‟ rights. These procedures envisage participation of all land users and their

representatives in decision-making on the selection of the acquired land, on land acquisition,

in preparation of land marking plans, etc., and on the extent of losses and damages incurred.

Decisions and certificates, not agreed upon or not endorsed by all participants consulted

(including users of land plots and users of neighboring plots) shall have no legal effect.

(f) If persons, legally entitled to use land plots subject to acquisition, disagree with decisions of

organizations and institutions in matters of compensations and other decisions, they may

submit prejudicial claims to local authorities (district and regional khokimiyats)

(g) Para XVIII of Section VI of the RCM No. 248 covers instances, when parties do not come to

agreement during consultations. It specifies: “In the case when landowners and land-users

disagree with the decision of local authorities on land acquisition or on conditions of such

acquisition, they may appeal against such decision in court”.

6. Institutional Framework for Implementation of Involuntary Resettlement Measures

34. The procedures, functions, and powers of organizations responsible for implementation

and observation of procedures for land acquisition for purposes other than agriculture and

forestry, are established by RCM No. 248 of 27 May, 1992.

35. The regional land acquisition commission, established by a decision of the regional

Hokim: (i) determines the location of constructions and facilities foreseen by the Project; (ii)

selects land plots for construction; (iii) prepares and approves Certificates of agreement on

land acquisition; (iv) approves Certificates of the right to land use of the plot, with



29

indications of the area of crop land acquired, agreed conditions and total value of losses of

agricultural production. The commission, along with permanent members, shall also include

representatives or enterprises and/or organizations, to which the plots are being allocated for

construction of facilities (HGME), and organizations (farms) from which the plots are being

acquired.

36. The Department of Hydro-Geological Meliorative Expedition (HGME) within the district

hokimiyat is the main implementing agency, whose functions include: (i) assessing the losses

of land being incurred by landowners and land-users, as well as losses of agricultural

production; (ii) defining the extent of and methods for restoring land for farming activity; (iii)

defining, if applicable, the sanitary and water-protection zones around buildings to be

constructed and the rules and restrictions to be followed within such perimeters; (iv)

elaborating proposals for compensation with an equivalent surface of land of the same or

better quality in other areas, in consultation with citizens; (v) in case of permanent acquisition

of irrigated lands, estimating the requirements and cost for reclaiming replacement lands; (vi)

approving the Certificate of landmarking with an attached plan; and (vii) amending the

official documents confirming the right to ownership or the right for land use, and other land

and cadastre documents as per changes in land use and ownership due to acquisition of land

plots.

37. Losses of agricultural production are assessed by an evaluation commission, constituted

by instruction of the head of the district hokimiyat, along with the determination of losses

incurred by landowners and land-users resulting from acquisition of land for public needs,

based on the information, provided by the design institute which has developed the planning

for land acquisition. The findings of the evaluation commission are formalized in the form of

the Certificate of the right to land use, specifying the area of agricultural lands acquired, the

agreed conditions, and the total value of the losses of agricultural production.

38. The Nature Protection Department: (i) carries out the environmental examination of the

negative impacts of the facilities being commissioned or technologies being introduced; (ii)

approves the location of facilities having negative effects on soil conditions; (iii) develops

measures aimed at land preservation during the location, design, construction, and operation

of the new and reconstructed facilities, constructions, and structures, as well as introducing

new technologies that have negative effects on land condition; and (iv) approves the

Certificate of agreement to land acquisition. Finally, the State departments of sanitary and

fire supervision, water resources departments approve the Certificate of agreement for land

acquisition.

7. Gaps between national legislation and Bank policy on resettlements and mechanisms

to eliminate such discrepancies

39. With regard to the specific land acquisition requirements for the proposed project, the

analysis of the socioeconomic conditions and land use in the proposed project area, and an

analysis of the legal framework governing land acquisition for public purposes indicates that

there are no main inconsistencies between the Uzbek legal framework and the World Bank

policy regarding the acquisition of land from project-affected leasehold farms. Nonetheless,

in the course of project implementation, in the event any unforeseen needs to acquire

additional land emerge, and certain categories of land users (for example, those who may be

illegally using or occupying land) may be affected, it was agreed that wherever Uzbek Laws

and World Bank policies are not in full agreement, the World Bank policies and principles

agreed upon in this RAP will be followed, regardless of the source of funding.



30

40. With regard to the timing of compensation, there appears to be one remaining gap

between national legislation and OP 4.12. It was agreed that the leasehold farmers, whose

land will be acquired for the project, must receive the agreed compensation prior to the start

of any project-related construction on the affected land. This will apply to all project

construction regardless of the source of funding.

8. Legal Actions Required for Implementation of Effective Resettlement Activities

41. For effective implementation of acquisition activities, which in this Project means

acquisition of agricultural land, UzbekEnergo will have to undertake the following:

Submit an application, with all necessary documents and permissions, to the Oblast

Hokimiyat for the selection of a land plot subject to temporary or permanent acquisition

(exemption) for construction of facilities in the framework of the Project;

Submit design estimates necessary for calculation of damages and losses of agricultural

production to the district department of Geocadastre and to the evaluation commission;

Obtain, following established procedure, a Certificate of land selection and Certificate of

agreement for land acquisition;

Upon approval by the competent authorities of the construction plan, submit an

application to the Oblast Hokimiyat for temporary or permanent allocation of the land

plots for construction works;

Transfer funds allocated for compensation of the losses of agricultural production within

one month after obtaining the financing for construction, in accordance with the

Certificate of agreement for land acquisition; and

Obtain, in the established procedure, a Certificate of landmarking from the district

Hokimiyat, and a Certificate of the right for land use in the regional Hokimiyat.

42. If the term of the temporary land acquisition for construction works is not met, all of the

above procedures will have to be repeated for renewal of the term. Additional damages and

losses, incurred by land users owing to such term extension, have to be assessed and

compensated.

43. It is important to notice that because of State ownership of lands in RUz, land use is only

possible with the permission of local authorities on the basis of a lease or on other terms.

Accordingly, land use issues are fully covered by land legislation and are not governed by

provisions of customary law, traditional practices, or neighborhood relationships.

9. Eligibility/ Right to Compensation and Assistance

44. The legislation of RUz foresees two types of compensation for temporary or permanent

acquisition of lands for non-agricultural purposes:

Compensation for damages incurred by land tenants, land users, land lessees, and land

owners (Land Code, Art. 86); and

Compensation for losses of agricultural and forestry production. However when

allocating land for water management purposes, for construction of irrigation and

drainage facilities, losses of agricultural and forestry production are not subject to

compensation (Land Code, Art. 87)



31

45. Therefore, leasehold farmers are eligible for compensation, and their rights for

compensation are to be established by the hokim‟s decision to implement construction works

on their plots. The amount of compensation is determined by the Certificate of Agreement

for land acquisition. The final date for payment of compensation is established by the

legislation within one month after funding is made available to the Contractor. In accordance

with the World Bank OP 4.12, payment to the leasehold farmer must be made prior to the

start of any construction on the affected land.

46. It should be noted that farm consolidation is in progress in the Project area, which may

lead to some conflict of laws. For instance, if construction is not completed in time, and the

owner of the farm would change within this period, additional compensation may have to be

paid to another person, the new farmer. To avoid such conflicts, a cut-off point will be

declared and the right for compensation will be provided to the lease holding farmer at the

date of issuance of the Certificate of Agreement for land acquisition.

10. Valuation and Compensation for Losses

47. The leasehold farmers affected by the proposed project will be compensated for any

reduction in income they will experience due their not being able to cultivate the land to be

acquired. The following describes the methods by which compensation for both permanent

and temporary losses of land will be calculated.

48. Calculation of compensation for permanent acquisition of land under annual crops.

Agricultural producers shall be paid the amount of gross annual income for one year from

standing crops on their affected plot. Gross income shall be calculated as current prices of

crops, based on average production during the previous three years, and crop area (prices for

crops shall be multiplied by crop area) and then multiplied by the average production for the

previous three years. Valuation shall be performed separately for each crop, so that an

average weighted annual income is obtained. Because farmers know that this area of their

leasehold will be lost permanently, they will transfer production to areas they already control

that as yet remain uncultivated in the sparsely utilized region.

49. Calculation of compensation for temporary acquisition of lands under annual crops. For

the first year, the calculation is performed in the same way as for permanent acquisition

(multiplication of current crop price by crop area, and by average production). If temporary

acquisition lasts for more than one year, agricultural producers shall receive compensation for

the second and any consecutive years equal to annual net income in current prices, received

from all standing crops on the plot. Net income is calculated by extracting gross

expenditures for crop production from gross annual income. Valuation shall be performed

separately for each crop, so that an average weighted annual net income is obtained.

50. The farmers consulted about their entitlements agreed with the above methods for

calculating compensation for the permanent loss of leasehold land because the proportion of

the area that would be acquired for the tower and foundations is very small, and all of the

affected plots have unused areas which they can use instead to grow cotton or wheat to meet

their state production quotas and earn the same amount of income that would otherwise be

possible using the land to be acquired. The compensation they will receive under such

circumstances is viewed as a windfall since it will not reduce the area of the area available to

them for production.



32

51. Calculation of compensation for permanent seizure of the lands occupied by

permanent crops. The agricultural producers are paid the sum of gross profit for one year,

gained from all the trees on the site. The gross profit from a tree is calculated as a cost of

production in actual prices on the basis of the data on average crop capacity of one tree for

the last three years and data on the number of trees. The calculations are taken for every type

of trees in order to obtain a weighted average value of the annual profit. In addition, the

agricultural producers are to be paid for a loss of profit which could be gained from all the

trees throughout the remaining years of the fruit bearing period. The compensation for the

loss of profit for one tree is calculated as the net profit for the previous year in actual prices

multiplied by the number of years of the remaining productive life of the tree. The period of

fruit bearing is calculated as the difference between the maximum age of fruit bearing and the

age of the tree at the time of the calculation. Table 3 provides the period of fruit bearing for

the various types of fruit trees in the project area. To calculate compensation for permanent

acquisition of land occupied under permanent crops, one needs data on every type of tree as

follows: number of trees, average crop capacity of one tree for the last three years, actual

prices for fruit product, age of trees, and maximum age of fruit bearing.

52. If the farmers-gardeners are offered the lands equal in quality in lieu of the seized ones,

then, in addition to the compensation of the profits for one year, they will be given the funds

to plant a new garden. The compensation would include the cost for planting saplings (the

cost of the saplings themselves, transportation costs and costs for planting), as well as the loss

of profit for the period when a tree achieve the age of fruit bearing (table 3 presents the costs

for new tree planting and the age of the tree at the start of fruit bearing for the different types

of trees).

53. Calculation of compensation for temporary seizure of lands occupied by permanent

crops. These costs include the costs for restoring a garden, sapling planting, as well as loss

of the profit for the period when the tree achieves the age of fruit bearing. To calculate

compensations for a new garden planting in case of granting new land and in case of

temporary seizure of the lands, one needs the data for every type of trees: number of trees,

cost for planting one tree, net profit from one tree for one year in actual prices, and starting

age of fruit bearing.

54. Table 4 presents the average annual cropping capacity in the project areas, and table 5

presents the method of calculating the costs of compensation for the loss of annual crops.

The calculation of compensation for temporary and permanent seizure of the lands occupied

under annual crops is presented in table 7.



33

Table 3. Method for calculating compensation for permanent crops (fruit trees and vinery)

Productive

life of

trees(years)

Average

cost of a

2 -year

old plant

(UZS)

Costs for

planting new

tree (plant,

transportation

and planting

costs) (UZS)

Costs for

growing

and

collecting

harvest

(UZS

/year)

Average

productio

n for one

tree per 3

years

[2007-

2009]

(kg)

Average

market

price of

fruits

(UZS/kg)

, 2008

Gross

annual

income

from 1

tree

(thous.

UZS)

Net

income

from 1

tree;

thous.

UZS

Non-

productive

period

(years)

Value of 1 tree

until the end of

fruit-bearing

(thous. UZS)

Value of 1

tree until the

beginning of

fruit-bearing

(thous.

UZS)

Total

compensatio

n for

permanent

land

acquisition

without

providing

replacement

plot

Total

compensation

for cutting with

provision of

replacement

plot, or for

temporary land

acquisition

1

2

3

4

5

6

7

8

9

10

11

12

13

(7)-(4)

(1)/2*(8)

(8)*(9)

(7)+(10)

(7)+(3)+(11)

Seed bearing fruits

Apple tree

25

2000

3000

6900

35

900

31,5

24,6

6

307,5

147,6

339.0

182

Stone fruits

Apricot

50

2000

3000

400

30

1200

36.0

35,6

5

890,0

178

926,0

217

Subtropical

Mulberry ,

leaves

30

1800

2700

7950

45

800

36,0

28,1

7

420,8

196,35

456,8

235 '

Almonds, dog

rose,

Hawthorn

30 1500 2250 5200 15 5000 75,0 69,8 4 1047,0 279,2 1122,0 356

Vinery

15

400

600

3500

10

1500

15,0

11,5

3

86.3

34.5

101.3

50

*It is assumed that a tree is in the middle of its fruit bearing period



34

Table 4. Average annual production in the project area 2007-2009 (Centner/Ha)*.

Main crops

Urgut district (Samarq. Reg) Samarqand district(Sam.

Reg)

Chirokchy district (Kashkadarya Region)

Average of three

regions

2007

C/Ha

2008

C/Ha

2009

C/Ha

In 3 years

2007-2009

2007-2009,

2006-2008

2007

C/Ha

2008

C/Ha

2009

C/Ha

In 3

years

2007

C/Ha

2008

C/Ha

2009

C/Ha

In three years

1

Wheat 53.3

56.4

56.8

55.5

44.9

52.8

55.3

51.0

51.3

53.5

53.2

52.7

53.1

2 Cotton

23.7

23.7

22.8

23.3

23.0

25.9

23.1

24.0

25.5

30.3

23.1

26.3

24.5

3 Vinery 35.6 68 68.2 57.3 33.3 262.2 279.0 191.5 66.0 64.0 82.0 70.7 106.5

References: Regional Statistics Department, 2009.

*Note: Centners are equivalent to 100g.

Table 5. Method for calculating compensation for losses of annual crops

Main crops Average production in project area 2006-2008

(c/ha)

Average market price (UZS/kg),

2008

Annual income (thous.

UZS from 1 ha)

Net income from1 ha,

2008, (thous.UZS)

Permanent land acquisition for 1

year –loss compensation

per 1 year for 1 ha

Temporary land acquisition for 1 year –loss compensation per 1

year as for 1 ha

1 2 3 4* 5 6

Cotton 24.5 365 895.5 215.5 895.5 895.5

Wheat 53.1 250 1,326 172.9 1,326 1,326

Note: Exemplary calculations in case, if works affect two agricultural seasons

Column 4* equal revenue minus expenses (operating+administration) minus applicable taxes



35

11. Entitlements and Compensation

55. Compensation and rights will be guaranteed for persons whose interests are affected

during and after project implementation. Tables 6 and 7 present the calculation of the total

costs for compensating the 114 leasehold farmers that that will lose land used for growing

cotton and wheat.

Table 6. Matrix of Entitlements and Compensation

Asset Impact Affected persons Compensation/Entitlements

Agricultural land

occupied by

annual crops

(cotton, wheat)

Permanent

land loss

Leasehold farmer

• Land as compensation for land with a plot

of equal cost and productivity; or

• Gross income from all crops grown on

affected land for 1 year. Gross income shall

be calculated as current prices of crops,

based on average production during the last

three years and crop area (prices for crops

shall be multiplied by crop area, and then

multiplied by average production for last

three years). Valuation shall be performed

separately for each crop, so that an average

weighted annual income is obtained. The

amount of permanent land with annual crops

to be acquired on any one farm is very small.

Thus the farmers agreed that no further

compensation would be needed.

Farmers will be informed in January 2011

about the construction schedule so they will

not prepare for planting wheat in February or

cotton in April.

Agricultural land

occupied by

annual crops

(cotton, wheat,

tobacco)

Temporary

loss of land

needed for

construction

activities

Leasehold farmer • Gross income from all crops grown on

affected land for 1 year. Gross income shall

be calculated as current prices of crops,

based on average production during the last

three years and crop area (prices for crops

shall be multiplied by crop area, and then

multiplied by average production for last

three years). Valuation shall be performed

separately for each crop, so that an average

weighted annual income is obtained. If

construction lasts more than one year, the

farmer will be compensated for each year

that the land is needed for project

construction.

• Contractor pays monetary compensation

for period of usage in accordance with



36

local commercial rental rate.

• Land shall be rehabilitated to original state

at the end of the lease period.

• Measures to protect the environment shall

be taken.

Agricultural land

occupied by

annual crops

(cotton, wheat,

tobacco)

Limitation of

rights on land

use

Leasehold farmer • Gross income from all crops grown on

affected land for 1 year (or longer,

depending on project needs)

Fruit trees

and garden

Permanent loss

of trees and

garden

Leasehold farmer • Payment reflecting income substitution.

Covers the cost of the trees and any

permanent garden crops according to age

and estimated market cost of gross

income for one year multiplied by

number of years in the remaining

productive life of the tree.

• Payment to cover cost of purchasing new

nursery transplants and basic materials

for starting new orchard or garden



37



38

Table 7. Calculation of compensation cost of land acquisition for 114 farming enterprises, occupied by annual crops,

for Transmission Line Construction

Average weighted

structure of land use for annual crops (except for

trees)

Temporary acquisition,

Ha

Permanent acquisition,

Ha

Annual income (thous

UZS as for 1 Ha)

Net income as for 1 Ha,( 2008, UZS

thous)

Compensation per

annum, for 1 ha of crops,

thous UZS

Total compensation for temporary acquisition land compensation for 1 year for all farms, thous UZS

Total compensat

ion for permanent acquisition land for 1 year for all

farms, thous UZS

Total compensation for temporary acquisition land compensation for 1 year for all farms, thous USD

Total compensat

ion for permanent acquisition land for 1 year for all farms,

thous USD

1 2 3 4 5 6 7 8 9

Formula (3) (5)*(1) (5)*2 (5)*(1) (5)*2

Total 146.75 11.21 10038.56 84.51 6.46

Cotton 44.95% 70.88 6.19 895,5 215,5 895,5

1

63,473.04 5543.15 40.82 3.56

Wheat 47.18% 75.87 5.02 1 326 172,9 1326 100603,62 6656.52 64.70 4.28

Total amount of compensation for all farming, thous. UZS

164076,66 12199.67 105.52 7.85 12199.67 105.52 7.85

Total amount of compensation for all farming, thous USD (exchange rate. UZS 1555 as of 15.02.10)

105,52 7.85

Note: Indemnification shall be made for 1 year, next year withdrawn lands on permanent basis shall be off the register.



39

12. Land Acquisition Process

56. The acquisition of land will be carried out in accordance with the legislation of the Republic of

Uzbekistan (see section 5) and the World Bank Operational Policy 4.12 on Involuntary Resettlement

(OP 4.12). The RAP will be introduced by district/oblast authorities mainly with support of the oblast

administration, construction contractors, and local authorities. Evaluation and compensation matters

will be considered by a special Commission established at the district and oblast levels including

representatives of district/oblast region administration and other competent bodies related to

agriculture, forestry, roads, land resources management, and registration. The deadline for finalizing

the list of persons eligible for receiving compensation will be date of the final contractor design

acceptance. Persons occupying plots after that deadline will not have any rights for compensation.

13. Environmental Protection Measures

57. Measures relating to environment protection are developed within the project‟s Environmental

Management Plan. At the stage of land plot selection for construction, Goskomgeodezkadastr will

determine the need and scale of land rehabilitation measures, including elimination and temporary

storage of a fertile soil layer, and define the need for sanctuaries, sanitary and protective zones

establishing around constructed structures and regime of their use.

58. In accordance with requirements of Land Code and environment protection law, the regional

department of Goskompripoda will carry out the ecological expertise which will assess the impact of

putting into operation facilities and technologies during construction on state lands, and implement

measures to ensure their rational use and protection. It is prohibited to operate facilities and

implement technologies without ensuring the necessary measures for protecting land from degradation

or damage, and a positive environmental assessment.

14. Community Participation and Consultation

59. Participation of project-affected parties was provided at the earliest stages of project

preparation, and their opinions are reflected in this document. During the initial assessment of social

impacts conducted in September 2009 and February 2010, as well as two rounds of public

consultations conducted in July 2010, farmers‟ opinions were discussed regarding the need to use part

of their land holdings on a temporary or permanent basis. Further, discussions with farmers whose

farms will be affected during construction were carried out with representatives of all state structures

responsible for measures on land condemnation. During these discussions, the farmers were asked for

their preferences regarding: (a) the acceptability of the decision to acquire land from farmers and what

consequences this would have for the private farms; (b) preferred alternatives for compensation; and

(c) mechanisms for paying compensation to farmers.

60. During the discussions, most farmers, including those adult family members that worked on the

farms, agreed that measures regarding land acquisition for construction are necessary and unavoidable.

Those participating in the discussions also expressed understanding that under the acute deficit of

agricultural land in the region, allotments of land plot in exchange for the condemned ones would be

problematic. Consequently, payment of equitable monetary compensation for losses including lost

benefits seems to be an acceptable measure from the perspective of most of the participants in the

discussions.

61. Specific forms and sizes of compensation will be agreed with farmers at the stage of final plot

selection. Legislative procedures expect participation of all land owners or their representatives in

decision making about plot selection, land acquisition, planning, and estimation of losses. Farmers



40

will take part in the activities of the evaluation commission and any land plot condemnation cannot be

approved without their participation.

62. The draft RAP was made available in 2010 September on the Uzbekenergo website and

consultations on the draft RAP were carried out with project affected parties in both Kaskadarya and

Samarkand Oblasts on 28 July 2010 and 27 July 2010, respectively. Also, there was publication in the

local newspaper (Narodnoe slovo, April 20 2010, №76 (4961)) about the Talimarjan Transmission

Project.

15. Grievance and Redress Mechanisms

63. During project preparation, consultations with farmers did not raise concerns regarding the project

need for land acquisition. Nonetheless, claims regarding valuation, payments, other forms of

compensation or assistance as well as other aspects of project implementation (for example,

construction-related impacts) may occur. In this regard, the following mechanisms will be in place to

ensure that all claims are considered, and the authorities take measures to resolve them.

64. Initially, affected parties may lodge a claim with the district hokimiyat which will register the

claim and take measures to resolve it. At this level, there is a committee that includes representatives

of the Cadastre, an agronomist, representative of the tax authority, an aksakal (a respected elder of a

mahalla or chairman of the mahalla committee or rural citizen‟s gathering), farmers, and an official

from UzbekEnergo. If the affected person does not receive a satisfactory valuation, he may hire an

independent appraiser and present the appraisal to this land committee for resolution. By including

farmers on the committee, it was envisaged that the risk of claims would be minimized and the

opportunity for reaching a compromise among the affected parties would be maximized. After two

weeks, however, if the grievance is not resolved, the claim will be referred to the Oblast Hokimiyat.

65. At the level of the Oblast Hokimiyat, the claim is considered by a commission similar to that of the

district hokimiyat which includes chairs of the respective oblast authorities as well as representatives

of UzbekEnergo. The responsible authority in the Oblast Hokimiyat receives and registers the claim

and takes measures to resolve the situation. The claimant also can appeal to the court if the district or

Oblast Hokimiyats are not able to resolve the issue.

66. Reports and process of disputes resolution will be tracked by the PMU staff responsible for internal

monitoring and evaluation. Any persons not satisfied with his or her claim consideration may contact

the PMU directly at any time to request assistance in seeking resolution of the claim. Contact

information will be given to local populations at the public consultations.

16. Implementation Schedule

67. The preliminary calendar plan of work, which requires temporary and permanent land

acquisition and compensation payment, is presented in table below. The project envisages several

Table 8. Project Implementation Schedule

Works 2011 2012 2013 4 year 5 year 6 year

Construction of

PTL 500kV

73 km 73 km 73 km

Indemnification

to farmers

During the

Project

During the

Project

During the

Project



41

kinds of work, which will be carried out by stages in different administrative districts. Thus it is

necessary to take into account that the main procedures for compensating the affected parties which

will be decided on at the district level. Thus, the detailed plan for implementing the RAP should be

worked out separately for each stage of work in each district, taking into account the project financing

schedule. The schedule for implementing the RAP in one district alone is presented in table below.

68. As indicated below, the process of project agreement regarding land acquisition with all

concerned parties is labor-intensive and time-consuming. Even without any disputes and conflicts, the

time needed for documents to be prepared, reviewed, and approved (if national norms for document

consideration are followed) prior to construction can take nearly 12 months. Although some of this

time will be reduced because some of these steps have already been completed (see steps marked with

an asterisk), the most optimistic scenario cannot be expected to be achieved in less than 8-10 months.

Table 9. Resettlement Action Plan Implementation

Schedule of land acquisition procedures Month(s)

*Appointment of specialist responsible for detail plan

of condemnation development. Gathering documents

and maps for land plots selection for construction

Feb 2010

*Application submission to regional hokimiat about

land plot selection Sept 2009

*Formation of regional commission on land

condemnation and district evaluation commission. Nov 2009

*Agreement of land plot selection. Nov 2009

*Informing concerned organizations about

construction plans (frontiersmen, railway, domestic

facilities etc.). Coordination and approval of

construction plans.

Feb 2010

*Agreement of list of persons having right for

compensation and types of compensation. Aug 2010

*Informing land users about future land

condemnation, granting maps, documentation and full

information about plans, terms of beginning of work

and its duration, land condemnation procedures,

compensation, claims mechanism, legal assistance

and court action satisfaction if necessary.

Aug 2010

*Informing households through mahallya councils

about future construction and planned losses to

sowings and trees along power transmission line.

granting documentation and full information about

plans, terms of beginning of work and its duration,

land condemnation procedures, compensation, claims

mechanism, legal assistance and court action

satisfaction if necessary.

Aug 2010

*Inventory of affected people, whose land and

property are subject to condemnation. Collection of

documents confirming right on property and its actual

disposal. Preparation of compensation calculations.

Agreement of compensation type and size with state

bodies and land users having right for compensation.

Aug 2010



42

*Preparation of Act of land plot selection in district

hokimiat. Nov 2009

Preparation of Act of land plot acquisition in district

hokimiat. During the project

Collection documents for land acquisition for

construction. Application submission for land

acquisition.

During the project

Agreement of land acquisition for construction. Feb 2010

Preparation of Act of land acquisition. Feb 2010

Financing opening. After approving the Project with the WB Directors

Board Compensation payments. After approving the Project with the WB Directors

Board Preparation and agreement of Plan of land acquisition. Feb 2010

Preparation of Act of project shift to field in district

hokimiat. Feb 2010

Preparation of Act on right for land plot use. Feb 2010

Amendments insertion land-cadastre documents. During the project implementation

Internal monitoring. During the project implementation

Closure audit During the project implementation

17. Expenditures and Budget

69. Compensation to the leasehold farmers for the loss of agricultural income will be made by means of

a bank transfer. Expenditures for land plot rehabilitation in the area of earth excavation will be included in

the construction cost. All calculations are based on data about main agricultural crops and market prices

in the project area.

70. Construction of various objects will be performed during more than 3 years and thus crop market

prices as well as crop patterns can change over time. Consequently, expenditures for compensation will

be corrected annually based on actual data concerning land distribution and crop yield in affected farms for

two years before construction beginning. It is assumed that on each farm where construction work will be

done, temporary and permanent land acquisition will be carried out during not more than one growing

season. That is why indemnification for annual crops in size of gross income is calculated for 1 year. The

terms of temporary and permanent land condemnation will be specified only after the finalization of the

design documentation. For preliminary calculations, the average annual income from one hectare on each

crop was defined weighted on crop pattern base. In case of construction works delay for nest growing

season, additional compensation of lost benefit will be required (table 10). As shown, compensation costs

are not limited to expenses for compensation for agricultural producers. It includes expenses for land

acquisition administration and monitoring as well as for contingencies. The costs also include a target

reserve fund (15%) to indemnify losses which cannot be calculated prior to the finalization of the

detailed engineering designs.



43

Table 10. General Calculation of Expenses for Compensation (USD$000)

Total 1 year 2 year 3 year

Compensation for temporary and

permanent land acquisition under

annual crops

47.2 25 22.2

OP

TIO

NS

w i thout construct ion delays 23 12 11

with construct ion delays 24.2 13 11.2

Compensation for land acquisition

under annual crops 24.21 14.21 5 5

Compensation of lost income 23.0 13 5 5

Compensation for land users‟ right

restriction 1.21 1.01 0.10 0.10

Cost of compensation for permanent

crops 41.84 25.92 15.92

Costs for growing new tree 11.02 5.51 5.51

Costs for tree surgery and harvest 30.82 20.41 10.41

Expenses for monitoring and

management 80 40 20 20

Internal monitoring and management 30 15 10 5

External closure audit 50 25 15 10

Minimum 611.2 331.2 238 42

Maximum 960.8 506.9 411.9 42

Total 1 year 2 year 3 year

Target Reserve Fund (15%)

Minimum

91.7 49.7 35.7 6.3

Maximum 144.1 76 61.8 6.3

Contingencies (5%)



44

18. Monitoring and Evaluation

Internal Monitoring

71. UzbekEnergo will appoint a specialist on land acquisition internal monitoring who will

develop detailed plans and indicators for monitoring the implementation of the RAP to ensure

that all affected farms have been compensated as planned. The specialist will submit quarterly

information about work progress for inclusion into the PIU‟s management information system

and project monitoring reports. Expenses for internal monitoring should be included in the

budget for land acquisition. General system of monitoring indicators is presented in table

below.

Minimum 30.6 16.6 11.9 2.1

Maximum 48 25.3 20.6 2.1

TOTAL

Minimum 733.5 397.6 285.6 50.4

Maximum 1152.9 608.1 494.4 50.4



45

Table 11. Internal Monitoring

Goal Actions Monitoring Indicators

Identification of

compensation

recipients

Verification of recipients‟ list with criteria

given for compensation. Verification is

made on each type of compensation

separately

Number of persons in list of recipients

not meeting criteria (mistaken

inclusion)

Identification of persons having right for

compensation but not included in list of

recipients. A separate check on each type of

compensation is made.

Number of persons having right for

compensation but not included in list of

recipients (mistaken exclusion)

Control over

types of

compensation

Confirmation of temporarily or permanently

affected areas Area of land subject to temporary

acquisition for which compensation

has been paid

Area of land subjected to permanent

acquisition for which compensation

has been paid

Control over

compensation

payment

Verification of financial documents Number of people receiving

compensation in set terms and in full

amount, disaggregated by

compensation types

Identification and analysis of reasons, on base

of which compensation is not paid on time

and in the full amount

Number of people not receiving

compensation in time and in full

amount, by type of compensation

Number of people receiving

compensation in time and in full

amount, by type of compensation

Identification and analysis of reasons for

which funds for compensation were not

allocated in set terms and in full volume

Funds allocated for compensation

payment as percent of total envisaged

by RAP

Additional

compensation in case

construction works

are delayed (i.e,

affected farms would

receive compensation

for the second

agricultural season)

Monitoring of time limits of temporary

land acquisition

Number of persons on whose plots

terms of temporal land condemnation

should be extended

Area where work will be

continued after established

deadline

Handling of grievances

and disputes Analysis of disputes and claims and conflict

resolution

Number of claims

Number of satisfied claims

Level of satisfaction with

compensation types and size



46

Closure Audit

72. In accordance with the requirements of the World Bank, the customer will assign a specialist to

carry out an external audit of the RAP implementation and prepare a closure report. The audit will

require the PIU to hire a third party (for example, external consulting firm) to ensure that all

compensation and any other entitlements were made as planned, that all recipients were satisfied, and

that there are no unresolved grievances resulting from the implementation of the RAP, project

construction, or other issues. The audit will be carried out when all compensation and other related

issues are completed. The external specialist will develop a detailed monitoring plan and monitoring

indicators, covering the entire project area. The closure report would cover compliance with the RAP

with regard to temporary and permanent acquisition of land and an examination of the handling of

grievances by persons whose farms may have been harmed as a consequence of the project-related

construction.

draft - World Bank Documents & Reports

Documents

Transcript of draft - World Bank Documents & Reports