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L AS I NSTITUCIONES , SU DESARROLLO E IMPORTANCIA

99. An External Monitoring Agency (EMA) will be engaged to provide an independent assessment of the implementation of land acquisition and resettlement activities for the entire Corridor. Specific role of the EMA for this road section is described in Chapter 11 – Monitoring. Figure 1 below shows the LARP implementation for this Project.

Figure 1

LARP Implementation Arrangement

Project Director (Committee of Roads)

Project Units (including 1 unit for ADB) Committee of Roads

Support Unit (including Specialist on

Internal Resettlement Monitoring)

Zhambyl Oblast Regional Director (Roads Department) Zhambyl Oblast RD Deputy Director External Resettlement Monitoring Agency Zhambyl Oblast RD Land Acquisition and

Resettlement Unit Zhambyl Oblast Land Resources Agency Deputy Akim (focal point for the Raion Akimat)

Land Allocation unit Legal Unit Zhambyl Oblast Justice Dept Specialists Unit PMC-Team Leader Project Mgmt Consultants

Project Supervision Consultants

Chapter 9

Resettlement Budget and Financing

100. The Committee of Roads (CR) is responsible for all land acquisition costs associated with the implementation of the LARP. A budget of approximately KZT 1,392,225,251.00 has been allocated for all LARP implementation activities in Zhambyl Oblast including KZT 901,739,166.00 for all ADB-financed road sections. This includes the cost for compensation of losses, operations of the Resettlement Unit, land re-registration, as well as resettlement monitoring and evaluation. LARP activities for this section (Km 404-Km 484) is estimated at KZT 715,392,400. . The budget breakdown is shown in Table 25.

Table 25

Land acquisition and resettlement budget

Particulars/Items Number of APs Unit Rate Quantity Estimated Budget (KZT) 1 Compensation for privately-owned land a. arable land b. commercial land 1 HH 8 HH 1 LE 360.625 KZT/sqm 87,812.9/sqm 181.87 KZT/sqm 9,600 sqm 2,780 sqm 5,152 sqm 3,462,000 244,120,000 34,383,091 2 Compensation for permanently affected leased agricultural land

43 HH, and 3 LE

a. T. Ryskulov a1.perennial grasses a2. cereal crops b. Baizak b1. perennial grasses b2. cereal crops 1-HH 30-HH; 3-LE - 2-LE 5138 KZT/sqm 9301,41 KZT/sqm -

Lands were not used, and land acquisition percent is minimum. 0,7 sqm 67,02 sqm - 2,58 sqm 17,986.00 623,380.00 - - 3 Additional compensation

for severely affected households (losing more than 10% of productive land)

5 HH Varied 17.51 hectares 580,104

4 Compensation for structures

13 HH and 1 LE Varied 63 units 298,666,091 5 Compensation for

affected rural workers

101 Varied 61,229

4 Business Losses Revenue

a. Compensation for business income losses c. lost jobs of workers of affected businesses 8 HH 1 LE (Shara & C) 22 workers Varied 13,470 KZT 3 months 11,933,688 34,383,091 889,020 5 Relocation assistance 12 HH and 1 LE 13,470 KZT 1 month 175,110 6 Assistance to vulnerable

APs

2 HH 13,470 KZT 1 month 26,940 7 Re-registration of APs

remaining plots 15

41 HH and 4 LE 45,000 KZT/plot 65 plots 2,925,000 8 Compensation for

temporary impacts, 69 HH, 13 LE and 4 villages 50,000 KZT/has 108.2 has 5,410,000

Particulars/Items Number of APs Unit

Rate Quantity Estimated Budget (KZT) including land restoration measures 9 LAR Administration/ Implementation including internal monitoring by CR/PMC 11,500,000.0 10 External Monitoring 1,200,000.0 Total 650,356,730 Contingencies (10%) 65,035,670 Total + Contingencies 715,392,400

Chapter 10

Implementation Schedule

101. Contractors for the civil works for km 404 – km 483 are expected to mobilize in December 2009. Related to this, the LARP needs to be fully implemented and evaluated not later than November 2009. LARP implementation activities can start after the mobilization and training of staff for the ad hoc Land Acquisition and Resettlement Unit (LARU) scheduled in August 2009. Implementation is expected to take between three to four months from the finalization of land acquisition documents, negotiation of compensation with APs, compensation payments, re-registration of plots and internal/external monitoring.

102. Civil works for the Project will be divided into two contracts. One contract will be for the upgrading of km 404 to km 443, and another for km 443 to km 483. Two separate teams will be mobilized to implement the LARP activities for both sections. Depending on which section can be completed first, LARP review can be done separately for each section which will be used as basis for contract awards. Table 26 shows the activities involved in the LARP preparation, finalization and implementation and the agencies/units involved. A summary of the Land acquisition process is shown in Appendix E.

Table 26

LARP preparation, finalization and implementation process

A. LARP Preparation

No. Work Description Responsible

Agency/Unit

A. LARP Preparation

A1 Detailed surveys/consultation Zhambyl Roads Dept, supported by TA consultants

A2 LARP drafting TA Consultants

A3 LARP Review ADB

A4 Approval and Disclosure Committee of Roads, MOTC

B. LARP Update

B1 update of surveys B2 Compensation rates fixed B3 identification of replacement plots B4 Legalization of legalizable APs B5 Identification of vulnerable APs B6 Preparation of updated LARP

Zhambyl Roads Dept, supported by TA consultants

B7 Review/approval of updated LARP and issuance of no-objection

to contract awards ADB

B8 Approval and Disclosure Committee of Roads, MOTC

C. LARP Implementation

C1 Allocation of LAR funds, including those for relocation and

rehabilitation assistance Committee of Roads, MOTC C2 EMA mobilization/Action plan preparation Committee of Roads,

MOTC

C3 Identification of different kinds of APs Zhambyl Roads Dept. LARU, assisted by Supervision Consultants C4 Official notification Raion Akimat

No. Work Description Responsible Agency/Unit

C5 Preparation of vouchers Zhambyl Roads Dept. C6 Preparation of relocation plots Raion Akimat

C9 Registration of new plots Zhambyl Land Resource Management, assisted by Roads Dept. C10 Expropriation proceedings Zhambyl Oblast court C11 Delivery of Compensation

C12 Relocation of affected road side vendors Zhambyl Roads Dept.

C13 Monitoring EMA and Internal

Monitoring Specialist C14 Preparation of compliance report EMA and Internal

Monitoring Specialist C15 Review of compliance report and issuance of No-objection for

civil works ADB

103. Efforts will be made to reach agreements or resolution of issues with the APs on the compensation payments without involving the Courts in order to avoid delay in project implementation. Table 27 presents the proposed implementation schedule for the LARP implementation and commencement of civil works.

Table 27

LARP Implementation Schedule

2009 2010

Milestones/Activities

Apr May Jun Jul Aug Sep Oct. Nov Dec Jan Feb Mar Apr A. LARP Preparation

A1.Detailed surveys/consultation A2.LARP drafting

A3.LARP Review by ADB

A4.LARP approval by Government/ Disclosure B. LARP Update.

B1. update of surveys B2. compensation rates fixed B3. identification of replacement plots B5. validation of vulnerable APs

B6. ADB Review/approval of updated LARP