Draft RP: Bhutan: Urban Infrastructure Development Project

Resettlement Planning Document

Draft Resettlement Plan for Land Pooling Related-works of Component A (Babesa LAP, Thimphu) Document Stage: Draft Final Project Number: 38049 JUNE 2011

Bhutan: Urban Infrastructure Development Project

Prepared by the Department of Urban Development and Engineering Services

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

A. Scope of Land Acquisition and Resettlement

1. Background

1. The project will (i) improve urban infrastructure, planning, and management; (ii) enhance urban livelihoods; and (iii) increase capacity for administering urban infrastructure supply and maintenance works through four components. Component A for Thimphu includes: (i) city-level works (water supply, upgrading of the existing wastewater treatment plant, and solid waste management); and (ii) roads and drainage, and water supply and sewerage connection in four areas of southern Thimphu extended areas. Component B for Phuentsholing includes: (i) roads and drainage; (ii) footpaths and pedestrian bridge; and (iii) social infrastructure (fire hydrant and street lights). Component C for Dagana includes: (i) water supply and sanitation; and (ii) road and drainage. Component D which is for institutional development which includes: (i) technical support on unaccounted for water and water calibration; (ii) operational efficiency; (iii) public awareness support; and (iv) financial management. The main benefits of the project will be: (i) improved urban environment, public health, and living standards in Thimphu, Phuentsholing, and Dagana; (ii) effectively managed, reliable, and sustainable urban services; and (iii) improved economic and social conditions from investments in roads and drainage, water supply and sanitation, solid waste management, and other urban amenities. 2. This resettlement plan has been prepared for Babesa LAP based on detailed technical design of urban infrastructures. The steps followed were:

(i) Thimphu City Corporation (TCC) conducted continued consultations with all stakeholders1 regarding how to avoid and minimize resettlement impacts. Needs and preferences were identified.

(ii) A socio-economic survey and census of all affected landowners and non-titled affected persons were conducted to identify different categories of affected persons, based on the degree and scale of impacts of land pooling. The resettlement plan eligible affected persons and identification2 required for claiming compensation.

(iii) A time-bound schedule for resettlement plan implementation, procedures for grievance redress, monitoring and evaluation (both internal and external) has been finalized.

(iv) The resettlement plan will be translated into local language and disclosed through public notices, and through mass media. The executing agency will review and endorse the resettlement plan.

(v) Once the executing agency endorses the resettlement plan, it will be sent to Asian Development Bank (ADB) for approval. The approved resettlement plan will be posted on ADB’s website. The full resettlement plan will be consistent with ADB’s Policy on Involuntary Resettlement, 1995.

(vi) The approved resettlement plan will be implemented before any award of construction contracts for roads and drainage, and water supply and sewerage connection in Babesa LAP.

1 Key stakeholders include: (i) all plot owners, non-titled affected persons, their households, and beneficiaries of the

project (particularly vulnerable households); (ii) community leaders, town and city committee members, and community-based organizations and nongovernmental organizations; project staff (staff of respective implementing agencys, staff of PIU and PMU, and consultants); and various government agencies involved directly or indirectly.

2 The identification includes the (i) national identity card, and (ii) entitlement card issued by TCC signed by

theaffected person and TCC.

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2. Scope of Impacts

3. Urban Development Alternatives and Land Pooling. For roads and drainage, and water supply and sewerage connection in four areas of southern Thimphu extended areas3 (part of the project’s Component A), possible urban development approaches were evaluated. The evaluation shows that urban land pooling is the most suited option for the required works in the four areas of southern Thimphu extended areas given the plot configuration and topographical conditions. 4. Land pooling in southern Thimphu was initiated in 2001. The key issues raised during consultations were addressed in the following manner: land pooling will exclude traditional villages4 (and keep neighbors together to the extent possible); will ensure no impacts on residential and commercial structures (impacts on structures, and other assets such as trees will be compensated at replacement cost); will not allocate surplus land from the local area to finance land pooling; will include government land to reduce the contribution required from each landowner; and will minimize shifts in land plot owned but where it cannot be avoided, new plots will be within the same local area with similar physical characteristics. 5. Resettlement Impacts of Land Pooling. The total area required for establishing urban infrastructure facilities (roads, drainage, water supply, and sewerage connections), public amenities, service plots and green areas in Babesa LAP is 104.48 hectares. Of this area, 40.20 hectares (ha) will be from contributions of 222 landowners. The average contribution is 27.5% of affected plots. 6. During project preparation, the affected persons were identified which would require compensation and assistance. Land agreement for 96% of plots were obtained. The remaining 4% had absentee landowners. Consistent with the resettlement framework, absentee landowners will be compensated for land and all assets lost at replacement value.5 The census of affected landowners (non-absentee) identified that land pooling in Babesa LAP will have impacts on 53 affected persons who will be losing fruit bearing/non-bearing trees and structures. The census did not identify impacts on seasonal agricultural workers and leaseholders. The plots which used to be agricultural land, no paddy have been planted since 2006. Further, it was observed that there is no case of relocation.

7. The census did not identify impacts on common property resources. The implementing agency, TCC will compensate 53 affected persons for fruit bearing/non-bearing trees and structures (15 affected persons for structures such as, cow shed, RRM wall, Septic tank, barbed wire fence, wall (stone masonry, boundary), concrete stair, temporary toilet, water tap) at

3 Babesa, Changbangdu, Lungtenphu, and Simtoka.

4 Traditional village is an enclosed area with traditional structures (houses, warehouses, and animal sheds) that has

historical values for conservation designated by the government. 5 All efforts were undertaken to consult with the absentee plot owners. Measures include: (i) public awareness

campaigns to draw attention of plot owners; (ii) public announcement via media; (iii) notice board in each area indicating the names of plot owners who have not been able to be contacted; and (iv) frequent public consultation. Where despite all these efforts, plot owners of 4% of plot could not be reached, and were classified as absentee plot owners. Land and assets are valued using the same methodology as for non-agreeing households and the compensation due to the absentee/non-agreeing plot owners will be placed in an escrow account. The executing agency has allocated the budget requirement in the TCC annual budget for compensation of non-agreeing and absentee plot owners as equivalent to the escrow account. Information will be publicly announced annually through public media to allow the absentee plot owner to agree to land pooling or be compensated. The name list of the absentee plot owners is appended in Annex 7.

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replacement cost. Table 1 provides impacts on Babesa LAP.

Table 1: Resettlement Impacts

Impact

Permanent Land Acquisition (ha) Compensation for 4% equivalent to 112.45 ha in escrow account for

absentee landowners

Temporary Land Acquisition (ha) 0

Permanently Affected Structures 0

Temporarily Affected Structures 15

Affected Trees/Crops (1144 Apple, 54 Peach ,16 Plum, 112 Walnut, 12 Pear, 1 Pepper, 10 Apricot, 3 Persimmon, 1250 Asparagus, 2 Dogwood)

Affected Common Property Resources 0

Total Titled Affected Persons (Tree /structures owners) 53

Titled affected persons (Structure Owners) 15

Non-titled Affected Household 0

Single parent female-headed household 0

Indigenous people-headed household 0

Below-poverty line household 0

Affected persons 53

Average Family Size of all Plot owners 5

Average Annual Income of all Plot owners Nu.173,002.72

Main Source of Income of all Plot owners Others (52.01%)

Average Family Size of all affected persons 4.5

Average Annual Income of affected persons Nu. 150,714.32

Main Source of Income of affected persons Trade & Business (50%)

Source: Census and Socio-economic Survey, (October 2009)

B. Socioeconomic Information

8. A census and a socio-economic survey were conducted by TCC for plot owners (non-absentee) affected by land pooling in 27th October 2009. A total of 53 affected persons and 49 plot owners were surveyed. The socio-economic survey information is in Annex 1. 9. The census shows that there are 53 affected persons who will be losing fruit trees and structures in Babesa LAP. No agricultural workers were employed and none of the plots supported livelihood. No plot owner has incomes below the poverty line and these are no vulnerable households. The data shows that there are no households falling under a vulnerable category being a single parent female-headed household. 10. Gender. Overall, Bhutanese women enjoy equality in many spheres of life. Overt discrimination against women and gender disparities are relatively narrow and they enjoy equal if not better status than men in many aspects such as property inheritance, managing domestic finances, business, and being heads of households. Bhutan has a unique set of enabling factors which contribute to progress in the area of gender and development. High status of women, high public and government recognition of gender issues, strong commitment to women’s education, increasing women’s political participation, and Bhutan’s commitment to the Convention on the Elimination of all forms of Discrimination Against Women (1981), Convention on the Rights of the Child (1990), International Convention on the Elimination of all forms of Racial Discrimination (1973), and Beijing Platform for Action (1995)—pave the way for gender development and empowerment.

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11. Based on the socio-economic survey in the project areas, in Thimphu, most women are involved in jobs and businesses. Women spend more time in household activities. There is generally good health indicators for women in the project areas, all women who have children went for ante-natal checkups and children are immunized. This is reflected in Bhutan’s reduction in maternal mortality rate (from 97 per 1,000 live births in 1996 to 84 in 2000) and infant mortality rate (from 140 per 1,000 live births to 60.5 in 2000). 12. During project preparation, gender disaggregated data was collected. Data shows general equality between male and female landowners. There is no specific impact on women due to the project. Single-parent female-headed households are classified as vulnerable and will be provided additional entitlements. Joint ownership in the name of husband and wife will be provided while respecting legal ownership. Information dissemination, consultation, participatory approaches, and disclosure requirements will ensure equal targeting of men and women. During finalization of Babesa LAP, further consultations with women were undertaken confirming the findings during project preparation. In Babesa LAP, it was observed that women were aware of the proposed project and knew the benefits to be gained from the project. C. Objectives, Policy Framework, and Entitlements

13. This resettlement plan is based on ADB’s Policy on Involuntary Resettlement (1995)—particularly sections on voluntary donation, the Land Pooling Rules of the Kingdom of Bhutan 2009, Land and for structures on the Land-Revision thereof (2009), and Cash Compensation Rates- 2008/2009 for cash crops/fruit trees/annual crops, and the agreed Resettlement Framework. ADB policy specifies that required safeguards include: (i) full consultation with landowners and any non-title affected people on site selection; (ii) ensuring that voluntary donations do not severely affect the living standards of affected people, and are linked directly to benefits for the affected people, with community sanctioned measures to replace any losses that are agreed through verbal and written record by affected people; (iii) any voluntary ―donation‖ will be confirmed through verbal and written record and verified by an independent third party such as a designated nongovernment organization or legal authority; and (iv) having adequate grievance redress mechanisms (GRM) in place. The resettlement framework addresses gaps between ADB and government’s policies and provides principles to be followed and entitlements for affected persons. 14. Land pooling will be guided by the following principles:

(i) All affected persons (titled and non-titled) will be fully informed and consulted onland pooling sites, compensation, entitlements, and resettlement assistance;

(ii) Lack of formal legal land title is not a bar for compensation and assistance; (iii) Non-agreeing landowners and absentee landowners (through escrow) will be

compensated for land and all assets lost at replacement value; (iv) Land pooling contributions will be confirmed by written record signed by the

landowner, TCC, and verified by the Office of the Legal Affairs (OLA) (former Office of the Attorney General [OAG]) - with copies retained by the three parties;

(v) Agreement from all participating landowners on a zonal basis is required for land pooling;

(vi) Land pooling contributions will be kept at similar percentages to the extent possible and will not exceed 30%;

(vii) Plot owners contributing to land pooling will directly benefit from roads and drainage, and water supply and sewerage connections. During consultation, plot owners will be informed by the government of the project’s implementation

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schedule and the expected timeframe for the delivery of benefits; (viii) Land pooling will not severely affect living standards of affected persons and the

following measures will be ensured: a. land pooling will exclude traditional villages; b. land pooling will exclude land with residential and commercial structures;

and c. land pooling will minimize shifts in land plot owned. Only land rendered

inefficient from the perspective of agriculture or for future structures will be considered for shifting. Plot owner agreement will be required prior to shifting the location of plots and the reallocated plot will be within the same LAP;

(ix) The government will not allocate surplus land from the local area to finance land pooling;

(x) The government, to the extent possible, will include government land to reduce land pooling contributions;

(xi) All non-titled affected persons whose income or livelihood is affected is entitled to receive assistance to restore income and livelihood at pre-project standards, and all vulnerable affected persons are entitled to receive additional assistance; and

(xii) Adequate grievance redress mechanism will be in place with affected persons having recourse with regard to non-delivery of benefits.

15. Plot owners who do not agree to land pooling will not be eligible to participate and benefit from land pooling. The government will acquire the land of the non-agreeing plot owner6 and provide the affected person: (i) alternative land with equivalent characteristics if the affected land is the only land owned by the affected person; or (ii) compensation at market rates in accordance with Property Assessment and Valuation Agency (PAVA) rates and ADB's confirmation that the rate applied under PAVA is replacement value. The affected person will also be compensated for all assets on the land acquired at replacement value. 16. The entitlement matrix agreed for the whole land pooling component is in Table 2.

6 The government can acquire registered land for public interests (Clause 142, Chapter 7, Acquisition of Registered

Land of the Land Act of Bhutan 2007.

6 Table 2: Entitlement Matrix

Type of

Loss/ Application

Entitled Person

Compensation Policy Implementation Issues Responsible Agency

1 Loss of land and assets

Non-agreeing plot owner or absentee plot owner

(i) Alternative land with equivalent characteristics if the affected land is the only land owned by the affected person; or compensation at market rates in accordance with PAVA rates.

(ii) Lump sum shifting allowance of (iii) Nu.1,000 (Nu. One Thousand only). (iv) Compensation for all structures and assets on

the land acquired in accordance with PAVA rates.

(v) Rights to salvage material from structure improvements and other assets constructed by the affected person.

(vi) Notice to harvest standing seasonal crops. (vii) Compensation for crops and trees. (viii) Provision of six months’ notice. (Absentee plot owners are entitled to all compensation valued at the time land pooling. Civil works will be initiated only after placing the budget requirement for absentee plot owners in TCC annual budget based at PAVA rates.)

(i) ADB will confirm that PAVA rates are replacement value.

(ii) Compensation for perennial crops and trees will be determined by the LARC through an assessment of market values based on the Land Compensation Act.

2 Loss of land/rented or leased

Tenants and leaseholders

(i) Reimbursement of rental deposit or unexpired lease amounts.

(ii) Lump sum shifting allowance of Nu.1,000. (iii) Lump sum rental assistance of 2 months current

rental rate. (iv) Rights to salvage material from structure

improvements and other assets constructed by the affected person.

(v) Notice to harvest standing seasonal crops. (vi) Compensation for perennial crops and trees. (vii) Provision of six months notice.

(i) Implementing agency will confirm rental rates, ensure that leaseholders receive reimbursement for deposit or unexpired lease amount.

(ii) Compensation for perennial crops and trees will be determined by the LARC through an assessment of market values based on the Land Compensation Rates 2009.

3 Loss of livelihood

Tenant or leaseholder farmer, or agricultural worker/ employees

(i) Assistance for 1 month of lost income for tenant or leaseholder farmer.

(ii) Assistance for 1 month lost income for workers/employees.

(iii) Assistance in suitable skill development training for alternate livelihood.

(iv) Assistance in locating alternate jobs. (v) Provision of 6 months’ notice.

Implementing agency will confirm business losses, confirm minimum wage rates, and provide skills development training/assistance in locating alternative jobs.

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4 Assistance to vulnerable plot owners

Vulnerable plot owners

a

(i) Rebate on demarcation charges. (ii) Prioritization in project employment. (iii) Assistance in suitable skill development training

for alternate livelihood.

Vulnerable landowners will be identified during the census.

Implementing agency will identify vulnerable households, ensure prioritization in project employment, and provide skills development training.

5 Loss or disruption of common resources

Community local body

(i) Replacement or restoration of affected community facilities such as irrigation facilities, cultural resources, etc.

(ii) Enhancement of community resources where possible.

Implementing agency to determine the extent of losses or disruption, and ensure contractor performs restoration.

6 Any other loss not identified

Unanticipated involuntary impacts will be documented and mitigated based on the principles provided in ADB’s Involuntary Resettlement Policy.

Implementing agency

ADB = Asian Development Bank, LARC = Land Acquisition Resettlement Committee, PAVA = Property Assessment and Valuation Agency, TCC = Thimphu City Corportation. a Vulnerable plot owners include single parent female-headed households, disable-headed households, indigenous persons-headed households, and below poverty line

households.

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D. Consultation and Grievance Redress Participation

17. Consultation and Participation. Extensive consultations with plot owners have been undertaken in Thimphu since 2001. The preparation of the structure plan and local area plans (inclusive of land pooling) included consultations to: (i) reflect public opinion prior to drafting plans; (ii) accommodate public review of draft plans, and (iii) disseminate information after plan finalization. Consultations were generally in the form of public meetings. Opinion was also gathered through door-to-door surveys, particularly for verifying cadastral records and updating plot owner records. Information was disseminated through newspaper and television, and supplemented by presentations (particularly for explaining land pooling issues such as moratoriums).7 A 10-person public consultation cell was formed in TCC in July 2002 to handle public consultation and inquiries from stakeholders in close coordination with local area representatives. 18. TCC has disseminated information through electronic and mass media in addition to organizing public meetings, discussions, and joint site visits organized by the urban planning department of TCC with the plot owners. TCC urban planning department officers working on the Babesa LAP spend half their time for public consultations and site visits to discuss the LAP, land pooling, plot reconfiguration, and proposed facilities available. On average, 15-20 land owners visit the office of the Urban Planner, Babesa LAP, TCC everyday to seek clarification and provide suggestions on the LAP. Consultations were carried out almost every day by TCC officials since the finalization of the LAP in 2003. These were supplemented by TV shows, interviews broadcasted/telecasted through BBS about the Thimphu Structure Plan and land pooling process. These helped inform the people of LAP and land pooling concepts. In addition, there were a number of public meetings and workshops carried out in the process of preparation of Thimphu Structure Plan, LAPs, and implementation of land pooling. During the period between plan preparation, finalization and implementation (Thimphu Structure Plan) the web-based newspaper (www.kuenselonline.com) has opened a forum for discussion and suggestion on land pooling. Records from TCC show more than 40 entries on the website with views and suggestions made by the public and landowners. 19. Annex 2 shows the information dissemination and consultations that were fundamental in developing the local area plans and the land pooling process. Due consideration was given for stakeholder consultations with the affected persons at different levels of resettlement plan preparation. All relevant aspects of project planning and development were discussed with both primary and secondary stakeholders including directly affected people, executing agency, implementing agency. The discussion were initiated to share information on the project, their needs and perception for better urban service, and to have their opinion and views about the project and its envisaged benefit to the people. It was evident that the people are aware of the benefits of the project. The people welcome the possibility of implementation of the project as summarized. Annex 3 provides a sample land pooling Agreement of Babesa LAP. Information disclosure will be a continuous process of documenting people’s views. It will ensure that groups and individuals consulted are informed about the outcome of the decision-making process, and will indicate how their views have been incorporated. All comments made by the affected persons were documented in project records and summarized in project monitoring reports.

7 Moratoriums on building of structures and cultivation are applied from the date of finalizing the local area plan and

the completion of demarcation (see Figure 2).

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20. Information has been disseminated to affected persons at various stages. Resettlement information generated during resettlement plan preparation will be disclosed to all affected persons in local language, and their views and opinions will be taken into consideration in finalizing the resettlement plan. The resettlement plan will be translated into local language (dzongkha) and disclosed through public notices and through mass media. It will also be posted on ADB websites. Information dissemination and consultation will continue throughout the project implementation period. 21. Verification and Grievance Redress Mechanisms. Written agreements have been made for contributing to land pooling between the TCC and plot owners since 12 March 2003. Consistent with ADB safeguard policies, TCC identified the OAG formerly the OLA in 2005 as an independent third party to verify agreements. The agreement describes land pooling, identifies forgone compensation, identifies the extent of land required for donation, and shows a lot plan of the plot owners plot after land pooling. A sample agreement is in Annex 4. The OAG, formed in 1998 as the OLA, is an autonomous agency which advises various government agencies on legal matters. Under OAG’s legal services drafting division, a lawyer has been assigned to witness and verify voluntary donations from plot owners. The OAG will ensure that there is no coercion and that plot owners understand that they have the right to refuse participation in land pooling. The OAG will provide quarterly reports to ADB on agreements verified. As agreed between the government and ADB, 100% agreement to land pooling by plot owners on a zonal/LAP basis—verified by OAG—is required by the project. Where 100% agreement is not obtained due to non-agreeing plot owners, TCC will redefine the zone to exclude non-agreeing plot owner’s plots. If such rezoning is not possible, ADB will not finance urban development through land pooling in the said zone. 22. For the project, grievances of affected persons will first be brought to the attention of the Local Area Representative for the Local Area Plan or the elected City Committee Members. Grievances not redressed within 15 days will be brought to the project implementation unit (PIU) and the PIU head will coordinate with the TCC public consultation cell on grievance redressal. Grievances not redressed by the PIU within 15 days will be brought to the Plan Implementation Sub-Committee acting as a Grievance Redress Committee (GRC) as notified on 14 May 2008. For Babesa LAP, the GRC comprises: the Responsible City Committee Member of the LAP as Chairman, with member including the Thrompon TCC, Chief Urban Planner TCC, Legal Officer TCC, Head of Development Control Division TCC, Urban Planner TCC, and LAP/Plot Owner/Representative. The Committee will meet when a grievance is not resolved by the PIU. They will be given notice of the meeting, meet to determine the merit of the grievance, and resolve the grievance within a month of receiving the notice for the meeting. Further grievances will be referred by affected persons to appropriate courts of law (Figure 1). TCC will inform affected persons on grievance redressal procedures, the functions of the GRC, and how to access the GRC.

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Figure 1: Grievance Redressal Process

Affected person Grievance

Grievance Not Redressed

Local Area Representative/City Committee Members

Grievance Redressed


Project Implementation Unit

Grievance Redressed


Grievance Redressal Committee

(Land Acquisition Resettlement Committee)

Grievance Redressed


Appropriate Court of Law

Grievance Redressed

23. All complaints will be lodged in writing. All proceedings related to complaints will be recorded and documented. The documents will be useful in modifying procedures in the future. The functions of the GRC are: (i) to support affected persons (particularly non-titled and vulnerable affected persons) on problems related to the eligibility for entitlements and assistance provided; (ii) to record grievances from affected persons and to categorize, prioritize and solve them within an appropriate time; (iii) to inform the Project Steering Committee of unresolved cases within an appropriate timeframe; and (iv) to inform aggrieved parties of the progress of resolving their grievances and decisions of the GRC. 24. All costs incurred in resolving the complaints will be borne by the project including expenses incurred by members in attending the meetings. The Committee will meet when a grievance is not resolved by the PIU. They will be given notice of the meeting, meet to determine the merit of the grievance, and resolve the grievance within a month of receiving the notice for the meeting. The GRCs will continue to function during the life of the project. Further grievances will be referred by affected persons to appropriate courts of law. E. Compensation and Income Restoration

25. The resettlement plan did not find any vulnerable affected persons among the non-absentee landowners. There are 53 affected persons who will be losing fruit trees and structures (15 affected persons losing only structures and five losing both structures and fruit

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trees) and will be compensated cash based on the Cash Compensation Rates 2008/2009 and Replacement value for the affected structures. 26. Fruit trees will be compensated based on an assessment of the Cash Compensation Rates 2008 for Cash crops/Fruit trees/Annual crops and revised Compensation for additional fruit trees and cash crops (Notification No. FM/DNP/PAVA/1274 dated 15th Sept.2009). The assessment was agreed upon by affected persons and the methodology is provided in Annex 5. F. Institutional Framework

27. The Department of Urban Development and Engineering Services of the Ministry of Works and Human Settlement is the executing agency responsible for implementing the project. The executing agency has established a PMU located at the Department of Urban Development and Engineering Services premises and headed by the project manager. The PMU is supported by a team of project management consultants, and is in-charge of overall execution and implementation of the project. The PMU is responsible for planning, monitoring and reporting on the project, as well as for general cost and quality control. PIU has been established in TCC. The PIU manages day-to-day operations and implements the resettlement framework. 28. The Sociologists at PIU, TCC coordinates land acquisition and resettlement activities through the PIU with support from the project Management Consultants’ Safeguard Specialist. Resettlement plan implementation, excluding monitoring which will be undertaken throughout the project period, is expected to be completed within 12 months. Resettlement framework implementation and oversight of resettlement framework monitoring is directly undertaken by the Sociologists at the PIU in coordination with the Safeguard Specialist at PMC. External monitoring and evaluation will be undertaken by the independent agency engaged for the resettlement plan. Local Area Representatives or City Committee Members who act as liaison between affected persons and TCC will first receive affected person grievances as detailed in Section D. Institutional roles and responsibilities are identified in Table 3.

Table 3: Institutional Roles and Responsibilities

Activities Agency Responsible

Subproject Initiation Stage

i. Finalization of sites/alignments for subcomponents PIU/Sociologist

ii. Disclosure of proposed land acquisition and subcomponent details by

issuing public otices.

iii. Staff selection, appointment and training

iv. Formation of GRC PMU

v. Formal negotiation with other departments for land

Resettlement Plan Updating Stage

i. Conducting census of all affected persons PIU/Sociologist

ii. Conducting FGDs/ meetings / workshops during SIA surveys

iii. Categorization of affected persons for finalizing entitlements PIU/PMU/Sociologist

iv. Formulating compensation and rehabilitation measures and implementation PIU/Sociologist

plans

v. Conducting discussions/ meetings/ workshops with all affected persons and other

Stakeholders.

vi. Review entitlement matrix and finalizing entitlements and rehabilitation packages PIU/Sociologist/Safeguards Specialist

vii. Approval of entitlement matrix PMU

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viii. Disclosure of final entitlements and rehabilitation packages PIU

ix. Preparation of resettlement plan Safeguards Specialist/Sociologist

x. Approval of resettlement plan PMU/ADB

xi. Taking contributed land and protection from further encroachment Implementing Agencies / Executing Agency

Resettlement Plan Implementation Stage

i. Implementation of proposed assistance measures PIU/Sociologist

ii. Serving formal notice to affected persons

iii. Engaging City/Town Committees Thrompon

iv. Consultations with affected persons during rehabilitation activities PIU

v. Grievances redressal PIU/GRC

vi. Internal monitoring PIU/Sociologist

Post Implementation

i. Income restoration and training schemes Implementing Agencies/Executing Agency

ii. Selection of training institutions

iii. Finalizing list of affected persons for training schemes

iv. External monitoring and evaluation External Agency

FGD = focus group discussion, GRC = Grievance Redress Committee, PIU = project implementation unit, PMU = project management unit,

G. Resettlement Budget and Financing

29. Cost of compensation and addressing resettlement impacts is an integral part of overall project costs. Table 4 show the current cost estimates for addressing resettlement impacts of land pooling in Babesa LAP.

Table 4: Cost Estimate

Item Nu

Land Compensation for absentee/non-agreeing owners 27,884,231.85 Compensation for fruit trees Total 5,435,263.00

Compensation for affected structures

Total 1,113,693.21 Consultation and information dissemination 100,000.00 Monitoring and evaluation 100,000.00 Subtotal 34,633,188.06

Administrative and other costs 50,000.00 Total 34,683,188.06

H. Implementation Schedule

30. Addressing resettlement impacts of land pooling will be part of resettlement plan implementation. The schedule is in Table 5.

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Table 5: Implementation Schedule

2007 2008 2009 2010 2011

Activity Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3

i. Completion of survey for Finalizing number of affected persons

ii. Establishment of PIU

iii. Development Implementation plans and formation of LARC

iv. Information sharing, consultations, and disclosure(including third party verification of land donation)

v. Assistance for impacts

vi. Income restoration activities

vii. Internal monitoring

viii. External monitoring

ix. Start of civil works

LARC = Land Acquisition Resettlement Committee, PIU = project implementation unit, Q = quarter.

I. Monitoring and Evaluation

31. Periodic checks will be undertaken to ascertain whether activities are progressing according to the resettlement framework. Monitoring will cover physical and financial components and provide a feedback to keep the program on schedule. Resettlement framework implementation will be closely monitored to provide the PMU with an effective basis for assessing progress and identifying potential difficulties and problems. 32. The activities in monitoring and evaluation will include:

(i) Monitoring to ensure that implementation is on schedule and that problems are dealt with on a timely basis;

(ii) Socio-economic monitoring during and after the implementation of the framework, utilizing the baseline established by the affected person socio-economic survey undertaken during project preparation to ensure that impacts on affected persons are addressed; and

(iii) Impact evaluation to determine that an impact have been addressed in a timely manner and is successful.

33. The indicators for achieving objectives under the resettlement framework are:

(i) Process indicators, indicating inputs, expenditure, staff deployment, etc.; (ii) Output indicators, indicating results in terms of numbers of persons contributing

land (verified by third party), affected people assisted, consultations held, training held, etc.; and

(iii) Impact indicators related to long-term effects of the project on people’s lives. 34. Monitoring will also cover the physical progress on site, and the allocation of compensation. The PIU will submit quarterly reports to the PMU. 35. The purpose of monitoring is to provide feedback to the PMU on implementation of resettlement framework activities, and to identify problems and other issues as early as possible to facilitate timely adjustment of implementation arrangements. Internal monitoring will track indicators such as the number of persons contributing land, households/persons affected,

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compensated, and assisted; and aspects such as consultations held, compensation paid, and number of affected persons provided training, etc. 36. TCC will carry out internal monitoring under the guidance of Sociologist, PIU. The implementation plans will indicate the targets to be achieved during the month. Monthly progress report will be prepared and submitted to PMU, reporting actual achievements against the targets fixed in the respective task charts and reasons for shortfalls, if any. 37. The PIU will have the responsibility for management and maintenance of affected person database, documenting results of affected person census, asset verification information, and socio-economic survey data, which will be used as the baseline for assessing impacts of resettlement framework implementation. 38. The range of activities and issues that should be recorded and checked, include:

(i) Land contribution verified by third party; (ii) Consultations undertaken; (iii) Compensation payments; (iv) Income restoration and other assistance strategies; and (v) Re-establishment of income levels.

39. Potential monitoring and evaluation indicators are presented in the Table 6. The indicators should be monitored by means of two mechanisms:

(i) On-going internal monitoring of process and output indicators; and (ii) Participatory external monitoring by an independent monitoring agency. In

consultation with affected person, to evaluate the extent to which resettlement framework objectives have been met.

Table 6: Monitoring Indicators (Indicative)

Type Indicator Examples of Variables

Process indicator

Staffing Staff recruited by TCC on the project

Consultation and grievance resolution

Formation of GRC and establishment of mechanism grievance redressal Number of grievances by type and resolution. Number of consultations held with affected persons. Information provided to affected person about project, and resettlement framework Number of field visits by TCC staff, PIU staff, the executing agency, and other agencies. Awareness about resettlement process, entitlements satisfaction with resettlement process and grievance redressal

Procedures in operation

Effectiveness of compensation payment delivery coordination between TCC, PIU staff, the executing agency, and other agencies

Output indicator

Land contributed Area of land contributed and verification by third party. Area of government land acquired (inter-departmental transfers)

Compensation and assistance

Number of affected persons by type of affected assets. Number of titled affected persons compensated by type of loss. Amount of compensation by type and owner. Type and amount of assistance and allowances paid. Number of affected person requesting assistance. Number of vulnerable affected persons and non-titled. Number of affected persons who have livelihood restored. Number of affected persons receiving skills/vocational training. Number of affected persons who have found employment, self – employed, etc.

Impact indicator

Replacement of assets

Replacement of assets and Replacement of community structures

15

Income earning capacity

Employment status of tenants/leaseholders and employees. Increased income due to urban development. Increased revenue for TCC due to water charges, other taxes, etc.

Civic amenities Link roads and communication established. Parks, markets, post office, police station, etc., placed.

GRC = Grievance Redress Committee, PIU = project implementation unit, TCC = Thimphu City Corporation

40. The PMU will appoint an independent agency to undertake external monitoring during the project period. The independent agency will monitor the project on a half-yearly basis and submit its reports directly to the PMU. The PMU will submit all reports to ADB for review. The purpose of the external monitoring will be to determine whether intended goals and outcomes are being achieved and, if not, what corrective actions are required. 41. The independent monitoring agency should conduct field visits and consultations with affected persons to assess the outcomes and impacts of land acquisition and resettlement activities on the affected persons and their capacities and assistance given to restore living standards. The findings of the external monitoring should be communicated to the PIU, Ministry of Works and Human Settlement through meetings, and necessary remedial actions agreed and documented. 42. The agency will submit evaluation on the following indicators:

(i) Adequacy of consultations; (ii) Verification of land contribution by third party; (iii) Ongoing internal monitoring of process and output indicators; (iv) Participatory external monitoring by an independent monitoring agency, in

consultation with affected person, to evaluate the extent to which resettlement framework objectives have been met;

(v) Basic information on affected person household; (vi) Restoration of living standards; (vii) Restoration of livelihoods; (viii) Levels of affected person satisfaction; (ix) Effectiveness of resettlement actions particularly grievance redress; (x) Compensation payments and entitlements; (xi) Restoration of livelihood; (xii) Financial audit; (xiii) Institutional arrangements; and (xiv) Other impacts.

16 Annex 1

Annex 1: Socioeconomic Survey 1. The socio-economic analysis of Babesa LAP is based on detailed census and a socio-economic survey of plot owners1 with a cut-off-date of May 2011, taking into account the actual resettlement impacts according to the detailed engineering design of utilities. The census was carried out by Thimphu City Corporation (TCC)/project implementation unit (PIU) from 26th October to 31st October 2009. The census team which composed of Sociologist, TCC; Urban Planner, TCC; and surveyors engaged for the purpose under the guidance of the Safeguard Specialist, PMC. The team used the detailed design of the utility provided by the DMSC. As part of the involuntary resettlement principles, the project avoided existing structures and trees to the extent possible. The census included an inventory of losses. Eligibility for entitlement was verified through national identity cards. 2. The census did not find any vulnerable plot owner. The list of affected persons and categories of loss are in Table A1.1. Total of 53 affected persons (plot owners) will be losing fruit trees (bearing and non-bearing) and structures. During consultations and census, the owners of fruit bearing trees expressed willingness to receive compensation at current market rates, i.e., Cash Compensation Rates 2008 and 2009 and at replacement value for the structures.

Table A1.1: Affected Assets and Replacement Cost Affected Assets Number

A Trees (1144 Apple, 54 Peach ,16 Plum, 112 Walnut, 12 Pear, 1 Pepper, 10 Apricot, 3 Persimmon, 1250 Asparagus, 2 Dogwood)

B Affected persons, Trees Lost and Replacement Cost

Affected Persons Replacement Cost (Nu)

1 Rinzin Wangmo

Tharm No. 889, Plot No. 186/A Apple(7) Peach(1) Walnut(5) Plum(1) Pear(1)

28,735.00

1,692.00 17,050.00

2,750.00 2,490.00

Total 52,717.00

2 Khandu Wangmo

Tharm No. 311, Plot No. 14A,27Y,31A,9A,27 Apple(6) Apple(1)

24.630.00

1,684.00

Total 26,314.00

3 Kinley Rabgay & Tandin Dorji

Tharm No. 997, Plot No. 169B/169C Apple(22)

90,310.00

Total 90,310.00

4 Sigay

Tharm No. 1057, Plot No. 111 & 112 Apple(6)

24,630.00

Total 24,630.00

5 Tashi Tshewang

Tharm No. 929 & 930, Plot No. 227/A Apple(84)

344,820.00

1 The socio-economic survey of plot owners and an assessment of vulnerability were conducted as part of updating

the resettlement plan in accordance with para. 19, resettlement framework for Land Pooling Related Works of Component A (Thimphu).

Annex 1 17

Walnut(7) Peach(2)

23,870.00 3,384.00

Structure (Temporary Hut) 173,509.64

Total 545,583.64

6 Peki Tobgyal Gyeltshen

Tharm No. 690, Plot No. 221,218,220,221/A Apple(101) Peach(2) Walnut(19) Pepper (1)

414,605.00

3,384.00 64,790.00

1,450.00

Structure (Temporary hut) (Fence)

112,002.68 80,522.00

Total 676,753.68

7 Rinzin Wangmo

Tharm No. 400 Apple(34) Walnut(10) Plum(7) Pear(1)

139,570.00 34,100.00 19,250.00

2,490.00

Structure (Store) 70,759.86

Total 266,169.86

8 Mindu

Tharm No. 665, Plot No. 4 Apple(3) Walnut(5) Apricot(2) Peach(7) Persimmon (2)

12,315.00 17,050.00

5,690.00 11,844.00

4,486.00

Total 51,385.00

9 Tshering Yonten

Tharm No. 892/E, Plot No. 38 Apple(2)

8,210.00

Total 8,210.00

10 Mitralal Sharma

Tharm No. 892/B, Plot No. 38 Apple(1) Walnut(1)

4,105.00 3,410.00

Total 7,515.00

11 Lt. Lemo

Tharm No. 288, Plot No. 248 & 249 Apple(4)

16,420.00

Total 16,420.00

12 Sonam Yangley

Tharm No. 431, Plot No. 70 Apple(18) Apple(2) Apple(1) Peach(1) Walnut(7) Walnut(2) Plum(2)

73,890.00

3,968.00 1,684.00 1,692.00

23,870.00 3,032.00 5,500.00

Total 113,636.00

13 Selden

Tharm No. 69, Plot No. 608/A Apple(35)

143,675.00

Structure (cow shed) 41,962.40

Total 185,637.40

14 Sonam

Tharm No. 309,. Plot No. 177 Apple(4) Pear(4)

16,420.00

9,960.00

18 Annex 1

Peach(4) 6,768.00

Structure (Temporary hut) 64,911.00

Total 98,059.00

15 Namgay Drukpa & Tashi Mo

Tharm No. 607 & 608, Plot No. 43/A & 42 Apple(8)

32,840.00

Total 32,840.00

16 Kinley Om


205,250.00

Total 205,250.00

17 Dechen Wangmo Thaye

Tharm No. 1149, Plot No. 202 Structure (RRM Wall)

14,944.02

Total 14,944.02

18 Tandin

Tharm No. 299, Plot No. – Apple (11), Peach (10), Walnut (2) Structure (Septic tank, Fence & Wall)

68,895.00 29,275.47

Total 98,170.47

19 Pema Lhazom

Tharm No. TT-62/574, Plot No. – Structure (Septic tank, Fence & Wall)

85,515.53

Total 85,515.53

20 Kinzang

Tharm No. 331/A, Plot No. 17 Asparagus (1250)

125,000.00

Structure (Fence) 26,519.84

Total 151,519.84

21 Kinley Mo

Tharm No. 312, Plot No. All Apple(70) Walnut(22) Peach(10) Apricot(7) Plum(4)

287,350.00 75,020.00 16,920.00 19,915.00 11,000.00

Structure (Septic tank, RMM wall, Syntax support, Step wall)

101,292.57

Total 511,497.57

22 Kinga Dema

Tharm No. 304, Plot No. All Apple(11) Walnut(1) Persimmon(1)

45,155.00

3,410.00 2,243.00

Total 50,808.00

23 Dr. Sonam Tenzin

Tharm No. 895, Plot No. – Apple(31) Apple(5) Apple(1) Walnut(2) Peach(1) Dogwood(2) Structure (Stair case wall)

127,255.00

8,420.00 1,384.00 6,820.00 1,692.00 1,000.00

19,221.01

Total 165,792.01

24 Nado & Wangchuk

Tharm No. 1357, Plot No. 204 Structure (Boundary wall)

8,130.25

Total 8,130.25

25 Babesa Primary School

Annex 1 19

Tharm No. 170/D, Plot No. -

Structure (Temporary toilet, Barbed wire fence)

97,529.36 16,521.13

Total 114,050.49

26 Pema Lhamo

Tharm No. 1260 & 1142, Plot No. 162/A & 162/B

Structure(Wall, temporary shed), Retaining wall 254,368.83

Total 254,368.83

27 Tandin Zam

Tharm No. 1472, Plot No. 200/Y

Structure (Water tap, Septic tank) 38,923.38

Total 38,923.38

28 Sangay

Tharm No. 353, Plot No. – Apple(19) Apricot(1)

77,995.00

2,845.00

Total 80,840.00

29 Karma Om

Tharm No. 617, Plot No. 23 Apple(43)

176,515.00

Total 176,515.00

30 Wangmo

Tharm No. 307, Plot No. – Apple(40) Walnut(5)

164,200.00 17,050.00

Total 181,250.00

31 Karma Wangchuk

Tharm No. 1455, Plot No. – Apple(25) Pear(1)

102,625.00

2,490.00

Total 105,115.00

32 Dechen Tshomo

Tharm No. 893, Plot No. 8

Structure( Fence) 4,310.65

Total 4,310.65

33 Ganglo

Tharm No. 892/F, Plot No. 38

Structure (RRM Wall and PCC Road structure) 133,173.37

Total 133,173.37

34 Namgay Wangchuk & Wangmo

Tharm No. 686, Plot No. All

Structure (Retaining wall) 132,535.77

Total 132,535.77

35 Thinley Gyelmo

Tharm No. TT-177, Plot No. 185,185A,195 Apple(43) Peach(2) Walnut(5) Pear(1)

176,515.00

3,384.00 17,050.00

2,490.00

Total 199,439.00

36 Kinga Dema

Tharm No. 304, Plot No. All Apple(40) Peach(4)

164,200.00

6,768.00

Total 170,968.00

37 Lhaden


86,205.00

Total 86,205.00

20 Annex 1

38 Tandin Zam

Tharm No. 1472, Plot No. 200Y Apple(12) Walnut(2)

49,260.00

6,820.00

Total 56,080.00

39 Pemo

Tharm No. 390, Plot No. 265,185A,188 Apple(18)

73,890.00

Total 73,890.00

40 Dolkar Lhamo

Tharm No. 996, Plot No. 11,12 Apple(21) Walnut(5) Pear(2) Peach(2)

86,205.00 17,050.00

4,980.00 3,384.00

Total 111,619.00

41 Yanka

Tharm No. 3, Plot No. 1301 Apple(5) Walnut(2)

20,525.00

6,820.00

Total 27,345.00

42 Dechen Tshomo


139,570.00

Total 139,570.00

43 Wangmo

Tharm No. 307, Plot No. 5 Apple(25) Apple(1) Apple(3) Walnut(1) Walnut(1) Peach(1)

102,625.00

1,984.00 5,052.00 3,410.00 1,516.00 1,119.00

Total 115,706.00

44 Kinzang

Tharm No. 311A, Plot No. 17 Apple(55)

225,775.00

Total 225,775.00

45 Pema Lhazom

Tharm No. TT-62/574, Plot No.- Apple(18) Plum(2) Pear(2) Peach(2) Walnut(3)

73,890.00

5,500.00 4,980.00 3,384.00

10,230.00

Total 97,984.00

46 Denka


82,100.00

3,410.00

Total 85,510.00

47 Dolma

Tharm No. 1056, Plot No. 171 Apple(63) Peach(2)

258,615.00

3,384.00

Total 261,999.00

48 Tandin

Tharm No. 299, Plot No. All Apple(11) Peach(10)

45,155.00 16,920.00

Annex 1 21

Total 62,075.00

49 Chimi Lham

Tharm No. 299B, Plot No. 298 Apple(8) Peach(3) Walnut(3)

32,840.00

5,076.00 10,230.00

Total 48,146.00

50 Tashi Mo

Tharm No. 607, Plot No. 42&47 Apple (30)

123,150.00

Total 123,150.00

51 Kinley Bidha


69,785.00 10,230.00

Total 80,015.00

52 Namgay Drukpa


266,825.00

Total 266,825.00

53 Karma

Tharm No. 920 &981 RRM Wall & Septic tank

38,709.77

Total 38,709.77

Grand Total 6,979,901.53

Source: Census and Socio-economic Survey (October 2009).

3. During census and socio-economic survey of plot owners, it was found that all plots are currently unproductive in agriculture and do not support any livelihood, accordingly assistance for loss of income was not included in cost estimates. A. Socio-economic Profile of the Plot Owners and Affected Households

4. A detailed socio-economic survey was carried out during the census in October, 2009 in Babesa LAP and at the residences of the affected persons. Table A1.2 shows the coverage of socio-economic surveys carried out in 26th October, 2009. Table A1.2 provides a socio-economic profile of affected persons based on the survey.

Table A1.2: Over all coverage of Socio-economic Survey of Babesa LAP Sl. Details No.

1. Socio-economic Survey for Plot Owners (Pooled Plot owners)/Households 49

2. Total Affected Persons Losing Trees/Structures 53

3. Vulnerable Household (Single Parent Female-headed Household) 0


B. Over all coverage of Socio-economic Survey of Babesa LAP 5. Table A1.3 presents the socio-economic summary profile of 49 surveyed plot owners and 53 households experiencing losses. The overall family size of plot owners is 4.33 persons per family. Nearly 16.33% household members are in government service. The average annual income of plot owners is Nu. 173,002.72. The average family size of the affected plot owners experiencing loss is 4.5 person and 17.40% are in government. The average annual household income is Nu 150,714.32

22 Annex 1

Table A1.3: Socio-economic Summary Profile of Plot Owners and Households

Experiencing Loss

Characteristics Units

Socio-Economic Details of Plot Owners

Socio-economic Survey for Plot Owners (Pooled Plot

Owners)/Households

49

Average Family Size of (Pooled Plot Owners) (as

per survey of 49 household)

4.33 persons

Main Occupation of the Affected Persons (Pooled

Plot Owners) (as per survey of 49 household)

Others (51.02%)

Average Annual Household Income (Pooled Plot

Owners) (as per survey of 49 household)

Nu. 173,002.72

Socio Economic Details of Households Experiencing Loss

Total Affected Persons 53

Average Family Size 4.5

Main Occupation of Affected Families Trade & Business (50%)

Average Annual Household Income Nu. 150,714.32

Vulnerable

1. Single-parent Female Headed Household 0

2. Disable Headed Households 0

3. Indigenous Persons Headed Households 0

4.Below Poverty Line Households 0


6. Based on the data of 49 households surveyed, social stratification of the affected households is documented in Table A1.4. 100% plot owners belong to the Buddhist community. The average family size of households experiencing losses is 4.5. There are no households experiencing losses belonging to ―Vulnerable Groups.‖

Table A1.4: Social Stratification Details

Social Stratification Details of Plot Owners

Sl. Criteria Classification No.

1. Religious Group

Buddhism 49

Hindu 0

Other 0

2. Family Type

Joint 17

Nuclear 32

Extended NIL

3. Family Size

Up to 3 9

4-5 20

More than 5 20

Annex 1 23

Social Stratification Details of Households Experiencing Losses

1. Religious Group

Buddhism 53

Hindu 0

Other 0

2. Family Type

Joint 14

Nuclear 29

Extended 3

3. Family Size

Up to 3 15

4-5 20

More than 5 11


7. The status of the literacy among the affected persons is not very encouraging, which is 59.18% illiterate followed by middle class (up to class VIII) which is 12.24% according to information collected during census and socio-economic survey (Table A1.5). The same trend was also observed among the affected households where the illiterate ones are 40.81% closely followed by secondary education level which is 20.41%. However, 14.29% educational level are from middle secondary (class VIII) and from intermediate (class XII) from the family of household experiencing losses.

Table A1.5: Educational Structure (Aged more than 6)

Sl. Education No. of Persons %

Educational Structure of Plot Owners

1. Illiterate 29 59.18

2. Informally Literate 1 2.04

3. Primary (Class IV) 3 6.12

4. Middle (Class VIII) 6 12.24

5. Secondary (Class X) 4 8.16

6. Intermediate (Class XII) 0 0

7. Graduate and Above 5 10.20

8. Diploma 1 2.04

Total 49 100

Educational Structure of Households Experiencing Losses

1. Illiterate 20 40.81

2. Informally Literate 0 0.00

3. Primary (Class IV) 0 0.00

4. Middle (Class VIII) 7 14.29

5. Secondary (Class X) 10 20.41

6. Intermediate (Class XII) 7 14.29

7. Graduate and Above 5 10.20

Total 49 100

Source: Census and Socio-economic Survey, (October, 2009)

8. The proportion of the working population among the plot owners is 16.33% are employed with government. Almost 10.20% population of the plot owners are engaged in private

24 Annex 1

organized sector. The unemployed population of the plot owners is 51.02%. As shown in Table A1.6, as far as occupational structure is concerned, there is one person engaged in cultivation. The occupational pursuit of the affected persons from households experiencing loss shows that 17.40% are working under government while 55.55% are un-employed.

Table A1.6: Occupation Structure (Aged more than 18) Sl. Occupation No. of Person %

Occupation Structure of Plot Owners

1 Cultivation 1 2.04

2 Allied agricultural activities (e.g., dairy, animal husbandry) 2 4.08

3 Labor (daily wage) Nil 0.00

4 Government Service 8 16.33

5 Private Service in Organized Sector 5 10.20

6 Private Service in Un-organized Sector 4 8.16

7 Small Entrepreneur 3 6.12

8 Trade and Business 1 2.04

9 Professional (Doctor, Engineer, Mechanic etc.) Nil 0.00

10 Others – Unemployed 25 51.02

Total 49 100

Occupation Structure of Households Experiencing Losses

1 Cultivation 5 10.86

2 Allied agricultural activities (e.g., dairy, animal husbandry) 3 6.52

3 Labor (daily waged) Nil 0.00

4 Government Service 8 17.40

5 Private Service in Organized Sector 4 8.70

6 Private Service in Un-organized Sector 3 6.52

7 Small Entrepreneur Nil 0.00

8 Trade and Business 23 50

9 Professional (Doctor, Engineer, Mechanic etc.) Nil 0.00

10 Others – Unemployed 15 55.55

Total 46 100


9. It was evident from the data on annual household income of the 49 plot owners surveyed, that none of them belong to below poverty line (Table A1.7). The average annual household income of all the plot owners has been calculated as Nu. 173,002.72 which appears to be somewhat skewed due to households being in the ―very high‖ income group. The average annual income of the affected persons from households experiencing loss has been calculated as Nu.150,714.32 which is lower than the annual income generated by the plot owners under Babesa LAP.

Table A17: Annual Income Pattern

Sl. Total Household Income (Per Annum) Affected Household

No. % to Total

Annual Income Pattern of Plot Owners

1. Below Nu. 500-10,000 Nil 0.00

2. Nu. 10,000-50,000 4 8.16

3. Nu. 50,000 – 100,000 7 14.28

Annex 1 25

Sl. Total Household Income (Per Annum) Affected Household

No. % to Total

Annual Income Pattern of Plot Owners

4. Nu. 100,000 and above 33 67.34

5. No response 5 10.20

Total 49 100

Annual Income Pattern of Households Experiencing Losses

1. Below Nu. 500-10,000 Nil 0.00

2. Nu. 10,000-50,000 15 22.22

3. Nu. 50,000 – 100,000 5 0.00

4. Nu. 100,000 and above 5 66.66

5. No response 21 11.11

Total 46 100


10. Table A1.8 shows the asset holding patterns. None of the plot owners have responded that they own durable assets such as gold and silver jewelry. 86% responded that they own electronics goods and luxury goods such as cars, and two wheelers. Only 30.0% of the plot owners have livestock mainly cows. 11. From the household experiencing losses, 30.0% affected plot owners stated that they have motor cycle, scooter and cars and 77.0% with mobile phone and electronic gadgets.

Table A1.8: Asset Holding Pattern Sl. Type of Assets Unit

No.

Asset Holding Pattern of Plot Owners

1. Durable Assets

A. Gold and Silver Jewelry 0

B. Motor Cycle/ Scooter/ Car 42

C. Mobile Phone / Electronic Gadgets 123

2. Livestock

A. Cow 15

B. Goat / Sheep Nil

C. Poultry Birds Nil

3. Agricultural Assets

A. Tractor and Threshers Nil

B. Power Tiller Nil

Asset Holding Pattern of Households Experiencing Losses

4. Durable Assets

A. Gold and Silver Jewelry 2

B. Motor cycle/ Scooter/ Car 14

C. Mobile phone / Electronic gadgets 40


12. Table A1.9 shows that out of 49 plot owners, 10.21% have availed government scheme such as further study, guide course, master degree and mechanics. Apart from this, loan such as housing loan and general loan have also been availed ranging from Nu. 70,000.00 to Nu. 2,000,000.00. Only five have responded that they have been benefitted from the loan. 13. From the household experiencing losses, five plot owners have availed government loan for construction, education, housing and training as seen on Table A1.9. All five plot owners

26 Annex 1

reported that they have been benefitted.

Table A1.9: Coverage under Government Development Scheme

Sl. Total Household Covered under the Scheme Census Household

No. % to total

Coverage under Government Development Scheme- Plot Owners

1. Yes 5 10.21

2. No 44 98.79

Coverage under Government Development Scheme- Households Experiencing Losses

1. Yes 5 33.34

2. No 41 66.66


An

ne

x 2

27

Annex 2: Local Area Plan, Land pooling Information Disclosure and Consultations

Sl. No

Date of Announ-cement/Meeting

Stages of Meetings/

Announcements and Plan

Preparation

Type of Public Meetings/

Consultations/ Announcements

Purpose Medium of Announcement

Medium of Presentation

Highlights of the Meeting/

Announcement/ Consultations

Available Records Organizations/ Involved

Local Area Planning Process and Public Consultation Carried prior to Structure Plan

1 29th

Sept 2001

Declaration of Moratorium on Consultation for Extended Areas till the end of April 2002.

Public announcement.

To avoid any ad hoc, unplanned development in the extended areas, since the planning process was under progress.

Announcement in Kuensel and BBS.

Announcement made by DUDH, MoC

a in

Kuensel.

DUDH, MoC.

2

23rd

Feb 2002

Second announcement – Moratorium on Construction for Extended Areas.


To avoid any ad hoc, unplanned development in the extended areas, since the planning process is under progress.

Announcement in Kuensel and BBS through representatives.

Announcement made in Kuensel by TCC/DUDH.

DUDH,TCC and CCBA.

3 11th

Jan 2003

Announcement to plot owners falling within the extended areas which are under planning to continue with cultivation for the year 2003.


To inform the landowners that the plans are ready for Lungtenphu and Babesa and plan preparation is under process for the rest of the areas and also to inform them that the implementation of the plan would take some time therefore, the landowners can start cultivation for the year 2003.

Announcement in Kuensel, BBS and through representatives.

Announcement made in Kuensel.

DUDH, TCC, CCBA.

4

6th

Feb 2003

Announcement on extension of moratorium on development activities in the areas under planning.


To inform the plot owners above the extension of moratorium on developmental activities in the extended areas due to the LAP plan preparation process.

Announcement in Kuensel, BBS and through representatives.

Letter sent by TCC to Kuensel and BBS. Announcement made on 8

Feb 2003.

DUDH, TCC and CCBA.

28

An

ne

x 2

5 2nd

– 16th

Aug 2003

Announcement on extension of moratorium for extended areas on sub divisions and land transaction.


To inform the plot owners that the LAPs are in the process of being finalized after a series of public meeting and daily public consultation in TCC, Therefore a moratorium was declared to facilitate early completion of the plans.


Announcement made in Kuensel. Article published in Kuensel online on 20 Sept. Letter sent by TCC to Kuensel and BBS.

TCC

6 13th

Sep 2003

Public announcement on moratorium on land dealings and subdivision.

Article published in Kuensel by TCC.

To inform plot owners the need to freeze the land transaction and subdivisions in order to facilitate early completion and finalization of LAPS.

Article published in Kuensel on 30 September 2003.

Land dealings put on hold to finalize LAP (article)

Kuensel article publishes on 30 September 2003.

TCC

7 27th

March 2006

Obtaining the land owner’s consent to sign the land pooling agreement form which is duly framed to meet the ADB’s resettlement framework.

Public consultations with office of legal affairs.

Educate the plot owners that as they have signed in the old agreement, signing an agreement in new format as per the ADB’s resettlement framework requirement.

Through public notice.

Verbal presentation

It was informed to the plot owners that the new format provided the legal procedure through introducing the words like ―land contribution‖ and ― land donation‖

All the plot owners were concerned about urgent provision of infrastructure in all LAPs.

TCC,DUDES, plot owners, office of the legal affairs.

8 5th

Dec 2006

Announcement to present the final draft plan for Simtokha Local Area to the plot owners on 15

th

December 2006.


Public meeting at the Sewerage Treatment Plant office at Babesa for the agreement of the final draft plan for Simtokha local area.

Announcement in Kuensel Corporation and Bhutan Broadcasting Service.

Announcements made in Kuensel and BBS by TMC/UPD.

TCC, PIU.

9 15th

Jan 2007

Announcement for the commencement of the cutting of road corridor under Babesa LAP from 22

nd Jan 2007.

Public notification. All concerned plot owners and residents of Babesa are requested to co-operate and support the cutting of road corridor.


Announcement made in Kuensel and BBS by TCC/ENG-GEN.

TCC, PIU.

10 9th

May 2008

Public notice for Signing of LPA

Public notice in Kuensel, Bhutan

Signing the LPA in new format and taking


Public notice in Kuensel,

Speed up the process of LPA



An

ne

x 2

29

and taking over the plots.

Times, Bhutan Observer, BBS to announce in Dzongkha and English.

over of plots. Times, Bhutan Observer, BBS to announce in Dzongkha and English

Bhutan Times, Bhutan Observer, BBS to announce in Dzongkha and English

signing in new format



11 8th

Jan 2009

Announcement for handing over of Plots in Babesa LAP from 20

th Jan

2009.


Plot owners are requested to register their names before taking over their plots with necessary documents.

Announcement in Kuensel and BBS (for 7 consecutive days).

Announcement made in Kuensel and BBS by TCC/UPD/PN.

TCC, PIU.

12

26th

Nov 2009

Announcement for the final verification of the affected persons under various LAPs from 3

rd Dec

2009 till 7th

Dec 2009.

Public Announcement.

Verification of Affected Persons for Babesa, Simtokha, Lungtenphu and Changbangdu LAP and affected persons are requested to fill up the compensation form before 3

rd Dec 2009.

Announcement made in Kuensel Corporation. Announcement made in BBS

Announcement made in Kuensel and BBS by TCC/UPD.

TCC, PIU.

13 2nd

June 2010

Announcement to inform the plot owners of Simtokha and Babesa that TCC is finalizing the estimate for the affected properties in the project areas under approved ADB funding.

Public Announcement.

The affected plot owners of Simtokha and Babesa LAPs to register their affected properties if not registered and to sign the Land Pooling Agreement if not.

Announcement made in Kuensel, Bhutan Times, Bhutan Observer.

Announcement made by TCC/ADB/PIU in Kuensel, Bhutan Times and Bhutan Observer.

Thimphu City Corporation, PIU.

ADB = Asian Development Bank, DUDH = Department of Urban Development and Housing, LPA = Land Pooling Agreement, MoC = Ministry of Communications, PIU = project implementation unit, TCC = Thimphu City Corportation. Source: Supporting Documents for the Public consultations and Land Pooling process undertaken by Thimphu City Corporation during the Years 2000-2010 and excerpt from files of TCC. a DUDH is now DUDES and MoC is now MoWHS.

Annex 3 30

Annex 3: Sample Land Pooling Agreement

Annex 4 32

Annex 4: OAG Verification

33 Annex 5

Annex 5: Replacement Cost of Fruit Bearing Trees—Methodology

1. The cost of the fruit bearing trees will be compensated at rates (Compensation Rate 2008 for cash crops/ fruit trees/ annual crops of RGOB) and Compensation Rates for Additional Fruit trees and Cash crops (Notification No. FM/DNP/PAVA/2009/1274 dated 15th Sept. 2009) calculated by including the cost of land preparation, pit digging, seedling, and fertilizer, planting and weeding. From year 1 onwards, till the maturity of the orchard (fruiting), all maintenance cost incurred has been capitalized since the expenditure do not result in any return and are to be treated as capital cost. When the trees start bearing fruit, the annual maintenance cost are to be recovered from the revenue generated and accordingly the net return earned is added to the cost of establishing the trees up to the fruiting stage. 2. The present Cash Compensation Rate 2008 has been discussed with the affected persons and they have agreed with the current compensation rates. The comparative study shows that the present cash compensation rate 2008 is almost 200-250 times higher than the previous Cash Compensation Rates 1996. Therefore, the present Cash Compensation Rate 2008 is equivalent or more than the market rates.

3. Replacement cost of fruit bearing trees was calculated based on Compensation Rates 2008 for Cash crops/Fruit trees/Annual crops through Notification No. MoF/DNP/AR-53/2008/561 dated 3rd September 2008. 4. Compensation Rates for Additional Fruit Trees and Cash Crops as per Notification No. FM/DNP/PAVA/2009/1274 dated 15th September 2009 is also appended.

Affected Owners of Fruit Tree/Structures with Details

Sl No

Name Thram No

Plot No

Properties Affected Total Amount (I+II)

Fruit trees (Nos)

Rate Amount (Nu) Structure Amount (Nu)

1 Rinzin Wangmo

889 186/A Apple(7) Peach(1) Walnut(5) Plum(1) Pear(1)

4,105.00 1,692.00 3,410.00 2,750.00 2,490.00

28,735.00 1,692.00

17,050.00 2,750.00 2,490.00

Nil 0

52,717.00

2 Khandu Wangmo

311 14A,27Y,31A,9A,27

Apple(6) Apple(1)

4,105.00 1,684.00

24.630.00 1,684.00

Nil 0

26,314.00

3 Kinley Rabgay & Tandin Dorji

997 169B/169C

Apple(22) 4,105.00 90,310.00 Nil 0

90,310.00

4 Sigay 1057 111 & 112

Apple(6) 4,105.00 24,630.00 Nil 0 24,630.00

5 Tashi Tshewang

929 & 930

227/A Apple(84) Walnut(7) Peach(2)

4,105.00 3,410.00 1,692.00

344,820.00 23,870.00

3,384.00

Temporary hut

173,509.64

545,583.64

6 Peki Tobgyal Gyeltshen

690 221,218,220,221/A

Apple(101) Peach(2) Walnut(19) Pepper (1)

4,105.00 1,692.00 3,410.00 1,450.00

414,605.00 3,384.00

64,790.00 1,450.00

Temporary hut Fence

112,002.68

80,522.00

676,753.68

34 Annex 5

Sl No

Name Thram No

Plot No


Fruit trees (Nos)


7 Rinzin Wangmo

400 Apple(34) Walnut(10) Plum(7) Pear(1)

4,105.00 3,410.00 2,750.00 2,490.00

139,570.00 34,100.00 19,250.00

2,490.00

Store

70,759.86

266,169.86

8 Mindu 665 4 Apple(3) Walnut(5) Apricot(2) Peach(7) Persimmon (2)

4,105.00 3,410.00 2,845.00 1,692.00 2,243.00

12,315.00 17,050.00

5,690.00 11,844.00

4,486.00

Nil 0

51,385.00

9 Tshering Yonten

892/E 38 Apple(2) 4,105.00 8,210.00 Nil 0 8,210.00

10 Mitralal Sharma

892/B 38 Apple(1) Walnut(1)

4,105.00 3,410.00

4,105.00 3,410.00

Nil 0 7,515.00

11 Lt. Lemo 288 248 & 249

Apple(4) 4,105.00 16,420.00 Nil 0 16,420.00

12 Sonam Yangley

431 70 Apple(18) Apple(2) Apple(1) Peach(1) Walnut(7) Walnut(2) Plum(2)

4,105.00 1,984.00 1,684.00 1,692.00 3,410.00 1,516.00 2,750.00

73,890.00 3,968.00 1,684.00 1,692.00

23,870.00 3,032.00 5,500.00

Nil 0

113,636.00

13 Selden 69 608/A Apple(35) 4,105.00 143,675.00 Cow Shed 41,962.40 185,637.40

14 Sonam 309 177 Apple(4) Pear(4) Peach(4)

4,105.00 2,490.00 1,692.00

16,420.00 9,960.00 6,768.00

Temporary hut

64,911.00

98,059.00

15 Namgay Drukpa & Tashi Mo

607 & 608

43/A & 42

Apple(8) 4,105.00 32,840.00 Nil 0

32,840.00

16 Kinley Om 1234 207/A Apple(50) 4,105.00 205,250.00 Nil 0 205,250.00

17 Dechen Wangmo Thaye

1149 202 Nil 0 0 RRM Wall

14,944.02

14,944.02

18 Tandin 299 Apple (11) Peach (10) Walnut (2)

4,105.00 1,692.00 3,410.00

45,155.00 16,920.00

6,820.00

Septic tank & Fence

29,275.47

98,170.47

19 Pema Lhazom

TT-62/574

Nil 0 0 Septic tank, Fence& wall

85,515.53

85,515.53

20 Kinzang 331/A 17 Asparagus (1250)

100.00 125,000.00 Fence 26,519.84

151,519.84

21 Kinley Mo 312 All Apple(70) Walnut(22) Peach(10) Apricot(7) Plum(4)

4,105.00 3,410.00 1,692.00 2,845.00 2,750.00

287,350.00 75,020.00 16,920.00 19,915.00 11,000.00

Septic tank, RMM wall, Syntax support, step wall

101,292.57

511,497.57

22 Kinga Dema

304 All Apple(11) Walnut(1) Persimmon (1)

4,105.00 3,410.00 2,243.00

45,155.00 3,410.00 2,243.00

Nil 0

50,808.00

23 Dr. Sonam Tenzin

895 Apple(31) Apple(5) Apple(1)

4,105.00 1,684.00 1,384.00

127,255.00 8,420.00 1,384.00

Annex 5 35

Sl No

Name Thram No

Plot No


Fruit trees (Nos)


Walnut(2) Peach(1) Dogwood(2)

3,410.00 1,692.00

500.00

6,820.00 1,692.00 1,000.00

Stair case Wall

19,221.01

165,792.01

24 Nado & Wangchuk

1357 204 Nil 0 0 Boundary Wall

8,130.25

8,130.25

25 Babesa Primary School

170/D Nil 0 0 Temporary toilet, Barbed Wire fencing

97,529.36

16,521.13

114,050.49

26 Pema Lhamo

1260 & 1142

162/A & 162/B

Nil 0 0 Wall, temporary shed

254,368.83

254,368.83

27 Tandin Zam

1472 200/Y Nil 0 0 Water tap, Septic tank

38,923.38

38,923.38

28 Sangay 353 Apple(19) Apricot(1)

4,105.00 2,845.00

77,995.00 2,845.00

Nil 0 80,840.00

29 Karma Om 617 23 Apple(43) 4,105.00 176,515.00 Nil 0 176,515.00

30 Wangmo 307 Apple(40) Walnut(5)

4,105.00 3,410.00

164,200.00 17,050.00

Nil 0 181,250.00

31 Karma Wangchuk

1455 Apple(25) Pear(1)

4,105.00 2,490.00

102,625.00 2,490.00

Nil 0 105,115.00

32 Dechen Tshomo

893 8 Nil 0 0 Fence

4,310.65

4,310.65

33 Ganglo 892/F 38 Nil 0 0 RRM Wall, PCC Road Structure

133,173.37

133,173.37

34 Namgay Wangchuk & Wangmo

686 All Nil 0 0 Retaining wall

132,535.77

132,535.77

35 Thinley Gyelmo

TT-177 185,185A,195

Apple(43) Peach(2) Walnut(5) Pear(1)

4,105.00 1,692.00 3,410.00 2,490.00

176,515.00 3,384.00

17,050.00 2,490.00

Nil 0

199,439.00

36 Kinga Dema

304 All Apple(40) Peach(4)

4,105.00 1,692.00

164,200.00 6,768.00

Nil 0 170,968.00

37 Lhaden 315 36 Apple(21) 4,105.00 86,205.00 Nil 0 86,205.00

38 Tandin Zam

1472 200Y Apple(12) Walnut(2)

4,105.00 3,410.00

49,260.00 6,820.00

Nil 0 56,080.00

39 Pemo 390 265,185A,188

Apple(18) 4,105.00 73,890.00 Nil 0 73,890.00

40 Dolkar Lhamo

996 11,12 Apple(21) Walnut(5) Pear(2) Peach(2)

4,105.00 3,410.00 2,490.00 1,692.00

86,205.00 17,050.00

4,980.00 3,384.00

Nil 0

111,619.00

41 Yanka 3 1301 Apple(5) Walnut(2)

4,105.00 3,410.00

20,525.00 6,820.00

Nil 0 27,345.00

42 Dechen Tshomo

893 8 Apple(34) 4,105.00 139,570.00 Nil 0 139,570.00

43 Wangmo 307 5 Apple(25) Apple(1) Apple(3) Walnut(1) Walnut(1)

4,105.00 1,984.00 1,684.00 3,410.00 1,516.00

102,625.00 1,984.00 5,052.00 3,410.00 1,516.00

Nil 0

36 Annex 5

Sl No

Name Thram No

Plot No


Fruit trees (Nos)


Peach(1) 1,119.00 1,119.00 115,706.00

44 Kinzang 311A 17 Apple(55) 4,105.00 225,775.00 Nil 0 225,775.00

45 Pema Lhazom

TT-62/574

Apple(18) Plum(2) Pear(2) Peach(2) Walnut(3)

4,105.00 2,750.00 2,490.00 1,692.00 3,410.00

73,890.00 5,500.00 4,980.00 3,384.00

10,230.00

Nil 0

97,984.00

46 Denka 931 236 Apple(20) Walnut(1)

4,105.00 3,410.00

82,100.00 3,410.00

Nil 0 85,510.00

47 Dolma 1056 171 Apple(63) Peach(2)

4,105.00 1,692.00

258,615.00 3,384.00

Nil 0 261,999.00

48 Tandin 299 All Apple(11) Peach(10)

4,105.00 1,692.00

45,155.00 16,920.00

Nil 0 62,075.00

49 Chimi Lham

299B 298 Apple(8) Peach(3) Walnut(3)

4,105.00 1,692.00 3,410.00

32,840.00 5,076.00

10,230.00

Nil 0

48,146.00

50 Tashi Mo 607 42 & 47

Apple(30) 4,105.00 123,150.00 Nil 0 123,150.00

51 Kinley Bidha

297 216 Apple(17) Walnut(3)

4,105.00 3,410.00

69,785.00 10,230.00

Nil 0 80,015.00

52 Namgay Drukpa

608 43/A Apple(65) 4,105.00 266,825.00 Nil 0 266,825.00

53 Karma 920 & 981

- Nil Nil 0 RRM Wall and Septic tank

38,709.77

38,709.77

Grand Total 6,979,901.53

5. The approval for compensation for the above affected persons has been already accorded by the Thrompon, TCC and the compensation part is satisfactorily completed. The fund for the compensation has been secured vide re-appropriation letter dated 18 March 2011.

Annex 5 37

Xerox identity card and compensation details of the affected persons.

1. Rinzin Wangmo

2. Khandu Wangmo

3. Kinley Rabgay and Tandin Dorji

38 Annex 5

4. Sigay

5. Tashi Tshewang

6. Peki Tobgyal Gyeltshen

Annex 5 39

7. Rinzin Wangmo

8. Mindu

9. Tshering Yoten

40 Annex 5

10. Mitra Lal Sharma

11. Late Lemo (represented by Thinley Gyem)

12. Sonam Yangley

Annex 5 41

13. Seldon

14. Sonam

42 Annex 5

15. Namgay Drukpa & Tashi Mo

16. Kinley Om

17. Dechen Wangmo Thye

18. Tanden

Annex 5 43

19. Pema Lhazom

20. Kinzang

21. Kinley Mo

44 Annex 5

22. Kinga Dem

23. Dr. Sonam Tenzin

Annex 5 45

24. Nado and Wangchuck

25. Babesa Primary School

46 Annex 5

26. Pema Lhamo

Annex 5 47

27. Tandin Zangmo

28. Sangay

29. Karma Om

48 Annex 5

30. Wangmo

31. Karma Wangchuck

32. Dechen Tshomo

Annex 5 49

33. Ganglo

34. Namgay Wangchuck & Wangmo

50 Annex 5

35. Thinley Gyelmo

36. Kuenga Dema

37. Lhaden

Annex 5 51

38. Tandin Zam

39. Pemo

40. Dolkar Lhamo

52 Annex 5

41. Yanka

42. Dechen Tshomo

43. Wangmo

Annex 5 53

44. Kinzang

45. Pema Lhazom

46. Denka

54 Annex 5

47. Dolma

48. Tandin

49. Chimi Lam

Annex 5 55

50. Tashi Mo

51. Kinley Bidha

52. Namgay Drukpa

56 Annex 5

53. Karma

57 Annex 6

Annex 6: Name List of Plot Owners Under Babesa LAP

NAME LIST OF PLOT OWNERS UNDER BABESA LAP

SL.NO NAME OF OWNER THARM NO. PLOT NO. AREA LPA Signed

1 Tshering Dorji 1356 115,168 38.00 dec. Yes

2 Karma Yangzom 318/A 113 13.71 dec. Yes

3 Tshering Penjor 312-D 25/PT-D 15.00 dec. Yes

4 Kinley 494&348 64,38,35,199,199/y 29.33&21.03

dec. Yes

5 Khandu Pelmo & Banga Mo 308,322 All plots 3.90 acres Yes

6 Dechen Wangmo 1149 202 11.00 dec. Yes

7 Dorji Dema 967 119/A,119/120 68.99 dec. Yes

8 Wangmo 307 All plots Yes

9 Tandin Dorji & Kinley Rabgay 169/C&169 997 20.87 dec. Yes

10 Pema Lhanzom 574 203&1/A 22.66 dec. Yes

11 Rabten Gyeltshen 1151 180,23/A 38.00 dec. Yes

12 Shree Prasad Subedi 1208 1 24.00 dec. Yes

13 Tandin 394H&394G 9&31/B 30.59&28 dec. Yes

14 Prahad Biswa 901/A 65PT/A 13.00 dec. Yes

15 Khado 294-C 135 13.00 dec. Yes

16 Wangmo 307 All plots 3.04 acres Yes

17 Nidup Zangmo 995 37/A 13.00 dec. Yes

18 Namgay Tshering 1453 188A 13.00 dec. Yes

19 Meenuka Chhetri 1208/A 1/PT-A 13.00 dec. Yes

20 N.K Sharma & C.K Sharma 1208/B 1/PT-B 13.00 dec. Yes

21 Mindu 662 4 39.53 dec Yes

22 Kezang Choden 1255/A 33/A Yes

23 Ugyen Rinzin & Tharchen Lhendup 863C 10PT-C 13.00 dec. Yes

24 Tandin Zom 393 All plots 44.85 dec. Yes

25 Kuenle Dolma 294 All plots 1.74 acres Yes

26 Bekhumo 1476 205y 2.55 dec. Yes

27 Jurmey Tshewang 307-B 48/PT-A 26.00 dec. Yes

28 Sedon 608-A 69 11.60 dec. Yes

29 Dasho Gagey Lham 1106 32,15,74 87.61 dec. Yes

30 Khentshe Wangmo 431 All plots Yes

31 Namgay Wangchuk & Wangmo 686 All plots Yes

32 Dolma 1056 171 Yes

33 Bap Tobgay 311 31 13.00 dec. Yes

34 Yuden 394/G-1 31/B-2 14.00 dec. Yes

35 Chimi Dem Yes

36 Kuenley Penjor Yes

37 Manikala Moktan 312 76A 23.00 dec. Yes

38 Eden 321/D 65 30.00 dec. Yes

39 Chencho 749 -

- Yes

40 Kuenley Nidup 543 Yes

58 Annex 6



41 Kuenga Zangmo 349 96B,95A,96A,95 Yes

42 Tandin Wangmo 26/PTB 22.00 dec. Yes

43 Dolkar Lhamo 662 11&12 60.00 dec. Yes

44 Dil Maya Sharma 1308 274 55.00 dec. Yes

45 Tshering Tshomo 901-B 93,94/PTA 17.79 dec. Yes

46 Kalu Ram Tamang 376/B 160 13.00 dec. Yes

47 Gyem Thinley 376/B 160 19.98 dec Yes

48 Aita Singh Tamang 318E 120/C,118/A 26.00 dec. Yes

49 Sonam Dechen 394-B 18/PT-13 14.50 dec. Yes

50 Tandin Dorji 394-C 18/PT-C 14.50 dec. Yes

51 Karma Wangchuk Tamang 25 312/I 15.00 dec. Yes

52 Namgay Tshering 1453 188/A 13.00 dec. Yes

53 Barpa Lhakhang 346 All plots Yes

54 Kinley Zangmo 1056 All plots Yes

55 Tenzin Namgay 1056 17.00 dec. Yes

56 Tala Goenpa 751,347 All plots Yes

57 Kuenga Dema 304 All plots 380.12 dec. Yes

58 Kinley Bidha 297 All plots Yes

59 Yangchen Lhamo 1317 205 22.00 dec. Yes

60 Dago Zangmo 318 118 17.00 dec. Yes

61 Deo Narayan Pradhan 304/A 127 14.00 dec. Yes

62 Tashi Tshewang 929&930 227/A,173/A,173 71.60 dec Yes

63 Karma 981 226 8.00 dec. Yes

64 Tandin 299 All plots 1.19 dec. Yes

65 Kinzang Norbu 890 266,268 Yes

66 Kinley Zangmo 297D 179,181,182,230A 63.00 dec. Yes

67 Karma 920 225,16 Yes

68 Chimi Wangmo 1056&1061 9,32,911 Yes

69 Karma 1056D 33,70 19.01 dec. Yes

70 Lhomo Choedey 288 All plots Yes

71 Pema Choki 1449 239 17.00 dec. Yes

72 Mitralal Khatiwara Sharma 892/B 38/PTB 15.00 dec. Yes

73 Rabden Gyeltshen 1151 231A/180 38.00 dec. Yes


75 Tenzin Khorlo & Eden Dema 393/A 209 24.04 dec. Yes

76 Kinzang Lhamo 353/C 217/C 15.00 dec. Yes

77 Tashi Tenzin 892/D 38/PT-D 10.00 dec. Yes

78 Kinley Chenzo 297E All plots Yes

79 Denkar 931 234/236 64.00 dec Yes

80 Kinley Zangmo 1176 213/214/215 14.00 dec. Yes

81 Tandin Dem 919 206 47.00 dec. Yes

82 Ugyen Rinzin 294/B-1 238/B 16.67 dec. Yes

83 Pema Wangchen 1356/A 104 & 126 25.20 dec. Yes

84 Aruna Pradhan 403 233/B 19.00 dec. Yes

85 Tshering Choki

921 54 75.00 dec. Yes

921 54 77.00 dec.

Annex 6 59



182A 36 33.00 dec. 86 Kausal Pradhan 1361 233 18.00 dec. Yes

87 Rinchen Khandu 1293 238 23.00 dec. Yes

88 Pema Lhamo 1142&1260 162/A&162/B 11.00 dec. Yes

89 Tshewang Choden 1255B 33PT-A 15.00 dec. Yes

90 Dawa Zangmo 1235 233/A 18.73 dec. Yes

91 Sacha Chhoden 356 295,296,19&20 83.26 dec. Yes

92 Tilotma Rai & Kamala Golay 309-A 90 14.19 dec. Yes

93 Tandin Sithub 338 All plots 122.02 dec. Yes

94 Wangmo 1055 Yes

95 Tshering Pem &Tandin Om 391 All plots 514.34 dec. Yes

96 Lhaden 315 All plots Yes

97 Yeshi Wangmo 394G 31B 28.00 dec. Yes

98 Passang Wangmo 1174 4/I 11.00 dec. Yes

99 Kezang Namgay 321H 15.00 dec. Yes

100 Pema Wangda 392-A 212,202A 13.12 dec. Yes

101 Tshering Tshomo 901B 93,94/PTA 17.79 dec. Yes

102 Wangchuk 394 18 15.50 dec. Yes

103 Manikala Moktan 312A 76A 23.00 dec. Yes

104 Aum Jangchuk Doma Tobgyel 715/CON(1112) 84.17 dec. Yes

105 Zangmo 992 247,267,207 Yes

106 Chada Dem 1082 35B 17.90 dec. Yes

107 Dema & Chado Dem 1470 35y 20.00 dec. Yes

108 Tandin Dolma 1087 169/A & 169/Y 8.00 dec. Yes

109 Sonam Choden 300 297 19.82 dec. Yes

110 Mindu 662 4 39.41 dec. Yes

111 Phub Dema 899 Ph-11-27 Yes

112 Samten Wangchuk 300A 297PT/A 13.00 dec. Yes

113 Sangay 353 217,219,21,21y 101dec. Yes

114 Lt.Dorji Yuden 376 14,20,130,15A,217I Yes

115 Ugyen Tshomo 318-B 114,121A 12.53 dec. Yes

116 Rinzin Wangmo 889 186(A) 13.84 dec. Yes

117 Dawa Pem 319 169 19.00 dec. Yes

118 Minam 300(B) 297 13.00 dec. Yes

119 Sonam Rinchen 662-A 20 Yes

120 Kuenley Mo 312 All plots 2.69 dec. Yes

121 Shithar Lhamo 1031 116 17.00 dec. Yes

122 Pemo 390 All plots 112.91 dec. Yes

123 Pelden Wangchuk 1063 36 34.00 dec. Yes

124 Jigme Norbu 995 37-A 13.00 dec. Yes

125 Kinga Dem 304 All plots Yes

126 Durga Maya Rai 1443 338/A 32.13 dec. Yes

127 Prakash Gurung 394-D 18/PT-D 19.94 dec. Yes

128 Tshewang Lhamo 410 120-B 13.00 dec. Yes

129 Durga Prasad Chhetri 300D 237/297/A 13.00 dec. Yes

60 Annex 6



130 Karma Nidup 1186A-1 53A-1 13.98 dec. Yes

131 Tenzin Dorji 1445 354J/363A 40.00 dec. Yes

132 Karma Dorji 367 104B/104A&D 39&25 Yes

133 Kausal Pradhan 1361 233 18.00 dec. Yes

134 Karma Tshering 311-B 31-B 20.00 dec. Yes

135 Chimi Euden 314/C 125 14.50 dec. Yes

136 Tshechu 308A 129 13.62 dec. Yes

137 Dawa Penjor 141 247/A 28.00 dec. Yes

138 Sonam Gyamtsho 901 121 71.00 dec. Yes

139 Tashi Wangdi 1280 83 14.00 dec. Yes

140 Yeshey Wangchuk 1257 132/A 14.00 dec. Yes

141 Tshering 746 Yes

142 Sonam Yangchen 191 245 36.00 dec. Yes

143 Kinzang Peldon 191 245y,245 11.00 dec. Yes

144 Lt.Dorji Yuden 376 130 7.90 dec. Yes

145 Sonam Choki 396F 324B 13.12 dec. Yes

146 Wangchuk Dema 1447 92 15.00 dec. Yes

147 Pema Wangchen 920/A 78.65 dec Yes

148 Sonam Wangmo 863-A 10/PT-D 13.00 dec. Yes

149 Denup Tshomo 314/E 138&151 45.80 dec Yes

150 Duptho Zangmo 1186 53 26.00 dec. Yes

151 Kunzang 311/A 17 & 31 43.00 dec Yes

152 Kinley Wangmo 389/1234 208/207 69.00 dec Yes

153 Kezang Dorji 1186-A 53/PT-A 13.00 dec. Yes

154 Durga Prasad Chhetri & M.P Oli 852A 44&45 17.00 dec. Yes

155 Pema Yangchen 1356 109/126 25.20 dec. Yes

156 Chukey Wangmo 321-B 65/PT-A 20.00 dec. Yes

157 Denkar 391B 31A 13.00 dec. Yes

158 Namgay Dorji & Mr.Balo Dema 314A,314B,314C 61A,39,249A 65.00 dec. Yes

159 Namgay Dorji &Tashi Yangzom 314A,314B,314C 61A,39,249A 64.00 dec. Yes

160 Lam Sangay &T.Dorji 1150 231/PT-A 13.00 dec. Yes

161 Karma Dorji 1003 167 18.51 dec. Yes

162 Pema Wangmo 464 All plots Yes

163 Mina Rai,Sita Giri,Leela Dhital&Shanti Dhital 1176-A 214/PT-A,213,215 16.00 dec. Yes

164 Rinzin Wangmo 400 227 1.17 acre Yes

165 Den Den 351 75/46/50A 1.30 acre Yes

166 Chhoden 309B 178A 13.00 dec. Yes

167 Karma Dekar 312 49PT/B 14.00 dec. Yes

168 Dorji Rinchen 1261-A 82-A 13.00 dec. Yes

169 Tshering Youla 892/C 38/PT-E 12.00 dec. Yes

170 Gayden 312H 28A 16.00 dec. Yes

171 Sonam Chezom 1261 82 14.43 dec. Yes

172 Kipchu Tshering 327B 127 50.00 dec. Yes

173 Samdrup Regyal 1051 194,193,193/A 37.35 dec. Yes

Annex 6 61



174 Karma Lotey 394/G-2 31/B-2 14.00 dec. Yes

175 Neera Pradhan 1167 175 25.00 dec. Yes

176 Indra Kumar Gurung 1364/B 146/A 16.00 dec. Yes

177 Tek Bahadur Ghaley 1364 146/A 17.00 dec. Yes

178 Bhumika Ghalley 1364/A 146/PT-A 16.67 dec. Yes

179 Karma 121 27/B,73,37,27 & 97 Yes

180 Sedon 1253/A 41 27.00 dec. Yes

181 Naku

979 145,190 7.00 dec. Yes

852 99 402

347/A

175/Y

150

175/A

182 Uchi 1191 128/A 21.12 dec. Yes

183 Sangay Wangmo 734 22,22/A 87.00 dec. Yes

184 Tshering yonten 892/E 38/PT-E 12.00 dec. Yes

185 Kesang Peldon 1194 22/B 11.40 dec. Yes

186 Karma Wangchuk 1455 all Yes

187 Khandu Wangmo 311 31/A,9/A,27,14/A,27/Y 113.38 dec. Yes

188 Tashi Lhamo 494/B 38/B 13.00 dec. Yes

189 Karma Yangley 419/A 224,224/A 72.50 dec. Yes

190 Yanka Dawa Dorji 419 223,224/B 64.00 dec. Yes

191 Dhotu 390/A 147/A 15.00 dec. Yes


193 Thinley Gyem 904,360& 316 36/A, 40 & 72/A 13 ,16.38 & 13

dec. Yes

194 Nado 1357 204 20.38 dec. Yes

195 Kuenga Norbu 1360 & 314/F 158 & 16 17.4 & 13.27

dec. Yes

196 Karchen Dorji 1246 222 16.00 dec. Yes

197 Mindu Tshering 299/A 6 28.77 dec. Yes

198 Lamkey 316 18,32,10 &72 Yes

199 Pema Gyelpo 980 66 Yes

200 Sonam Pelden 1457 40/A Yes

201 Dorji Wangmo 313 136 No

202 Lt Ugyen Dema 298 196 Yes

203 Nima Zangmo 1092 240 No

204 Tashi Pelden 1143 162 Yes

205 Pardeep Pradhan 1122 231/B Yes

206 Mindu Dorji 131 175/A Yes

207 Jangchub Delma 375 88,89,164 Yes

208 Rinchen Dema & Chundu Wangchuk 1089 161 No

209 Kinley Tshering 395 107,122 No

210 Letho & Phurpa Tshering 1081 121 Yes

211 Singay 1057 111,112 Yes

62 Annex 6



212 Yanka 1301 3 Yes

213 Kuenzang Tharchen 922 35/A No

214 Karma Wangdi 320 35 Yes

215 Karma Tshomo 863 10 No

216 Tashi Mo 607 42,47 Yes

217 Phuntsho Wangdi 1435 46 26.00 dec. Yes

218 Kinley Peldon 1090 56 Yes

219 Khensee Wangmo 1255 33 34.16 dec. Yes

220 Yeshey Wangchuk & Kesang Tshultrium 919 250,251 Yes

221 Kinley 1314 19,56/A 27.50 dec. Yes

222 Gem Tshering 1403 76 No

Total owner 222

LPA Signed 215

% Signed 96%

LPA Not Signed 7

% 4%

Annex 7 63

Annex 7. Absentee Plot Owners of Babesa LAP

S No. Name Plot No. Tharm No.

Registered Area (decimal)

PAVA Rate (Nu./decimal)

Amount (Nu)

1 Dorji Wangmo 136 313 18.48 100,353.53 1,854,533.23

2 Nima Zangmo 240 1092 51.6 100,353.53 5,178,242.15

3 Rinchen Dema/Chundu Wangchuck

161 1089 21 100,353.53 2,107,424.13

4 Kinley Chozom 107 &122

395 56.41 100,353.53 5,660,942.63

5 Kuenzang Tharchen 35/A 922 18.37 100,353.53 1,843,494.35

6 Karma Tshomo 10 863 20 100,353.53 2,007,070.60

7 Gyem Tshering 76 1403 92 100,353.53 9,232,524.76

Total 27,884,231.85

1. All efforts were undertaken to consult with the absentee plot owners. Measures include: (i) public awareness campaigns to draw attention of plot owners; (ii) public announcement via media; (iii) notice board in each area indicating the names of plot owners who have not been able to be contacted; and (iv) frequent public consultation. Where despite all these efforts, plot owners cannot be reached, they will be classified as absentee plot owners. Land and assets will be valued using the same methodology as for non-agreeing households and the compensation due to the absentee/non-agreeing plot owners will be placed in an escrow account. However, the executing agency in accordance with para. 15 of the Memorandum of Understanding of the Mid Term Loan Review Mission has allocated the budget requirement in the Thimphu City Corporation annual budget for compensation of non-agreeing and absentee plot owners as equivalent to the escrow account. Information will be publicly announced annually through public media to allow the absentee plot owner to agree to land pooling or be compensated. Note: Decision taken during the mid-term review (ADB mission 16-28 January 2011) was as follows; The executing agency requested that ADB consider the allocation in the TCC annual budget for compensation of non-agreeing and absentee plot owners as equivalent to the escrow account. The Mission requested the executing agency to provide documentation on the allocation and the mechanics of payment to non-agreeing and absentee plot owners from the allocation in their annual budget. The fund for the land compensation has been already secured vide re-appropriation letter dated 18 March 2011 for the eight absentee plot owners and budget placed in the name of the project.

64 Annex 7

Figure 1: Babesa Zone Map

Annex 7 65

ROYAL GOVERNMENT OF BHUTAN MINISTRY OF FINANCE

TASHICHHO DZONG No. MOF/DNP/AR-53/2008/561 3rd September

NOTIFICATION

Subject: Compensation Rates 2008 for Cash Crops/Fruit Tress / Annual Crops The Royal Government hereby announces the revised compensation rates for cash crops / fruit trees / annual crops on land when acquired by the government. The rates are as in the Attached Sheet. This shall come into force with effect from the 1st of September 2008 and prevail for duration of three years. These rates supersede the relevant rates in the Land Compensation Rates 1996. This is as per Section 151. Chapter 7 of the Land Act 2007, and as per the decision of the Lhangye Zhungtshog’s 15th session held on 26th August 2008.

-Sd- (Wangdi Norbu)

Finance Minister

66 Annex 7

ROYAL GOVERNMENT OF BHUTAN

MINISTRY OF FINANCE

Department of National Properties

Compensation Rates 2008 for Cash Crops / Fruit Trees / Annual Crops 1. Compensation rate for Cash Crops / Fruit Trees a YRT is the time (years taken by a new seed / sapling to bear fruit or gain maturity

Compensation Rate – 2008

Compensation rate for fruit trees / cash crops

S

No.

Crop YRTa 0 1 2 3 4 5

1 Apple 5 484 784.00 1,384.00 1,684.00 1,984.00 4,105.00

2 Apricot 5 496 852.00 1,208.00 1,564.00 1,920.00 2,845.00

3 Areca nut 5 172 324.00 436.00 644.00 964.00 1,405.00

4 Avocado 5 424 744.00 1,064.00 1,344.00 1,704.00 2,280.00

5 Banana 2 114 174.00 174 174.00 174.00 174.00

6 Cardamom 5 29.60 33.60 37.60 41.60 45.6 77.00

7 Guava 5 372 576.00 780.00 984.00 1,188.00 1,490.00

8 Jackfruit 5 648 1,096.00 1,544.00 1,992.00 2,440.00 3,610.00

9 Lemon 5 356 756.00 1,156.00 1,356.00 1,456.00 1,820.00

10 Lime 5 292 452.00 612.00 772.00 812.00 1,065.00

11 Litchi 5 620 1,068.00 1,516.00 1,964.00 2,412.00 3,325.00

12 Mango 5 484 1,024.00 1,564.00 2,104.00 2,644.00 3,980.00

13 Olive 5 456 936.00 1,416.00 1,896.00 2,376.00 3,570.00

14 Orange 5 520 932.00 1,344.00 1,756.00 2,168.00 2,945.00

15 Papaya 4 180 225.00 270.00 285.00 380.00 380.00

16 Peach 4 372 651.00 930.00 1,119.00 1,664.00 1,692.00

17 Pear 5 392 712.00 1,032.00 1,352.00 1,672.00 2,490.00

18 Plum 5 420 776.00 1,132.00 1,488.00 1,844.00 2,750.00

19 Pomegranate 5 288 536.00 784.00 1,032.00 1,160.00 1,560.00

20 Pomelo 5 377 459.40 918.80 1,378.20 1,837.60 2,297.00

21 Tree Tomato 4 108.5 217.00 325.50 434.00 434.00 434.00

22 Bamboo 5 11.0 11.00 11.00 11.00 44.00 89.00

23 Walnut 5 708.00 1,112.00 1,516.00 1,920.00 2,324.00 3,410.00

Annex 7 67

ROYAL GOVERNMENT OF BHUTAN MINISTRY OF FINANCE

Department of National Properties

Compensation rate for Annual Crops

Crops Rate (Nu. / acre)

Paddy 12,615.84

Wheat 2, 948.00

Chilli 48, 223.00

Note: In respect of the above compensation rates (i.e. I & II), the following conditions may be noted. 1. For compensation payment, the claimant should be the legal owner of the land and/or of

the property on the land. This should be ascertained with the ownership certificates of the land and/or of the property.

2. Compensation payment should be made as admissible for land categories as registered in the Land Records (Tharm).

3. Where land is not required to be acquired immediately and thus where there is time for the owners to harvest their annual crops, land may be acquired only after the harvest of the crops.

68 Annex 7