Resettlement policy framework and specific resettlement action plan

Other persons eligible for compensation. There is a land plot in the Project area, owner of which has the right to compensation equally with other farmers. It is a hired guard, who was allocated a land plot of 0.16 ha for use in the former shirkat, his employer, in 2004. He does not have documental proof of the right to use the plot. But during the period of use, he made investments into planting fruit trees and taking care of them, therefore, he is eligible for compensation of damages.

Therefore within the first stage of the Project, leasehold farmers (36 persons and a guard 1 person) are eligible for compensations. Rights of these people for compensation are to be established by the khokim’s decision to implement construction works on their plots. The amount of compensation is determined by the Certificate of agreement for land acquisition. The final date for payment of compensation is established by the legislation within one month after funding is made available to the Contractor.

One has to keep in mind that measures on enlargement of farms are in progress in the Project area, which may lead to conflict of laws. For instance, if construction is not completed in time, and the owner of the farm would change within this period, additional compensation may have to be paid to another person: the new farmer. In order to avoid such conflicts, a cut-off point will be declared and the right for compensation will be provided to the lease holding farmer at the date of issuance of the Certificate of agreement for land acquisition.