REPUBLIC OF BULGARIA
MINISTRY OF REGIONAL DEVELOPMENT AND PUBLIC WORKS
Municipal Infrastructure Development Project
Draft Social Due Diligence in Respect of
Construction of Plovdivtzi Dam
November 2007
TABLE OF CONTENTS
PROCEDURES IMPLEMENTED IN THE LAND ACQUISITION DURING
THE PROCESS OF PLOVDIVTZI DAM CONSTRUCTION __________________ 1
(I.)
FUTURE PROCEDURES LIKELY TO BE IMPLEMENTED FOR THE
LAND ACQUISITION DURING THE PROCESS OF PLOVDIVTZI DAM
CONSTRUCTION. __________________________________________________ 3
(II.)
OVERVIEW OF THE LEGAL REGULATION UNDER WHICH
ACQUISITION AND DESIGNATION OF LAND FOR THE CONSTRUCTION OF
PLOVDIVTZI DAM HAS BEEN CARRIED OUT___________________________ 5
(III.)
OVERVIEW OF THE RESTITUTION LEGISLATION AND THE
PROCEDURES ON RESTITUTION OF LANDS CONCERNED BY PLOVDIVTZI
DAM CONSTRUCTION. _____________________________________________ 6
(IV.)
LEGAL POSSIBILITIES AVAILABLE TO THE OWNERS OF
EXPROPRIATED PROPERTIES TO CLAIM THE RESTITUTION THEREOF IN
CASE OF FAILURE TO REALISE THE PROJECT _________________________ 7
(V.)
RESTRICTION ON ACTIVITIES IMPOSED IN VIEW OF THE
PLOVDIVTZI DAM WATER COLLECTION. _____________________________ 7
(VI.)
IMPLEMENTING SOCIAL COMMITMENTS IN CONNECTION WITH
PLOVDIVTZI DAM WATER COLLECTION. _____________________________ 9
(VII.)
(VIII.)
CONCLUSIONS ___________________________________________ 11
SOCIAL ANALYSIS ON THE PROCEDURES IMPLEMENTED IN THE LAND
ACQUISITION AND DISPLACEMENT OF POPULATION IN THE PROCESS OF
PLOVDIVTZI DAM CONSTRUCTION IN MUNICIPALITY OF RUDOZEM
The subject matter of this social analysis is to study the procedures followed for the purpose of
land acquisition and displacement of population in the process of Plovdivtzi Dam construction,
in Municipality of Rudozem as part of the Municipal Infrastructure Development Project,
including: (i) completion of three dams (Neykovtzi, Plovdivtzi, Luda Yana) and rehabilitation of
Studena dam wall; (ii) rehabilitation of the water supply network of six water supply companies
(Dobrich, Razgrad, Sliven, Smolyan, Stara Zagora and Targovishte). This report aims to outline
the principles which have been followed in the land acquisition by the State on the basis of which
to assess compliance of the implemented procedures with the provisions of the Bulgarian
legislation, the World Bank Operational Policy 4.12 and the Bank Procedures 4.12 on Involuntary
Resettlement/Displacement.
(i.)
Procedures implemented in the land acquisition during the process of Plovdivtzi
Dam construction
Plovdivtzi Dam is part of Madan-Rudozem Water Supply System. The planning and
construction of the water supply system began in 1980. Up to 1986 a water pipe and provisional
water caption have been constructed, which partly satisfied the water consumption needs of the
settlements within the Municipality of Madan. Preliminary studies showed that the only possibility
to supply water to 10 settlements in the Municipality of Madan and to 12 settlements in the
Municipality of Rudozem was to build-up a dam near the village of Plovdivtzi with water flow
rate 2,45 million of m3 and submerged area of 160 600 sq.m. The location and height of the
supporting wall, as well as the water capacity of the dam have been chosen by the designer
(“Vodokanalengineering” OOD) on the basis of hydro geological studies and the available water
collecting facility to ensure the water consumption.
By Protocol of 20.05.1997 (Appendix 1) the Commission nominated by the Plovdiv Regional
governor suggested the following sites for the construction of Plovdivtzi Dam and the supporting
infrastructure:

According to the project studies and the working design Plovdivtzi dam
was to be build-up in the village of Iskretz covering 112 000 sq.m. agricultural
lands and 360 000 sq.m. of forestry fund. 75 000 sq.m. of agricultural land were
private property and the remaining lands were municipal property.

2 options have been suggested for the water purification plant. The first
option provided for the water purification plant to be located in the village of
Gornata avlia, with an area of about 15 000, made up of fields and meadows. The
second option provided for the water purification plant to be built on 15 land
parcels from the forestry fund operated by Smolyan Forestry management.

It has been proposed that the part of the supporting road leading to the
frontier post should commence North of the village Plovdivtzi (covering 150
sq.m.), passing by a group of agricultural lands (5 780 sq.m.) and continuing
towards the forestry fund to the frontier post (33 000 sq.m.).
Following this proposal a procedure was initiated on changing the designation of the lands and
forests originating from the Agricultural and Forestry Fund and on the expropriation of the
private property lands. The construction of the dam and the supporting infrastructure involved
provision of State-owned lands and expropriation of private property lands as follows:
1
І. Private lands acquired from their owners by virtue of contracts and payment of
monetary compensations
By Decision N KZZ-7 of 03.12.1997 the Agricultural Land Commission to the Ministry of
Agriculture, Forestry and Agrarian Reform (Appendix 2) authorises:
- the change in designation of 5 780 sq.m. of agricultural land of Х Land Category on the territory
of the village of Plovdivtzi to satisfy State and Municipal needs related to the construction of road
connection with the frontier post.
- the change in designation of 112 000 sq.m. of agricultural land, 74 000 sq.m. of which of Х Land
Category and 38 000 sq.m. of ІХ Land Category owned by the Municipality and by private
persons for the purpose of creating belt A of the Sanitary and Security Area around Plovdivtzi
dam.
By Order N 370 of 10.08.1998 (Appendix 3) the Minister of Finance approves the expropriation
of 80 569 sq.m. of lands which are private agricultural lands for the construction of Plovdivtzi
dam. The expropriation of these properties is also approved by the Minister of the Regional
Development and Public Works by Order N RD 02-14-1010 of 16.09.1998.
An aggregated assessment of agricultural lands and perennial crops subject to expropriation for
the construction of Plovdivtzi Dam has been carried out and by Order N RD-02-14-1069 of
28.09.1998 (Appendix 5) the Minister of the Regional Development and Public Works orders the
payment of BGN 77 217 200 to the Municipality of Rudozem in accordance with the aggregate
assessment for payment of compensations to the owners of the lands subject to expropriation.
Following the orders as cited above of the Minister of Finance and the Minister of the Regional
Development and Public Works, the Plovdiv Regional governor executed on behalf of the State
agreements with the owners of private properties falling within the area of Plovdivtzi Dam
reservoir and the supporting road to the frontier post. The State acquired by way of
expropriation 74 591 sq.m. of private agricultural lands designated to serve as dam
reservoir from 31 owners of the lands and 3 962 sq.m. of private agricultural land for the
supporting road from a total of 8 land owners. A total of BGN 76 024, 20 has been paid to
the owners for the expropriated lands and the perennial crops thereon (walnut-trees,
apple-trees, cherry-trees and plum-trees). (Appendix 6 – List of compensations paid to
the owners and heirs of agricultural lands, perennial crops falling within them in
connection with their expropriation for the construction of Plovdivtzi Dam as of
20.06.2000)
ІІ. Lands originating from the State Forestry fund and lands managed by the
Municipality
By Order N RD-46-690 of 02.06.1999 of the Minister of Agriculture, Forestry and Agrarian
Reform (Appendix 7) granted an area with a surface of 66 100 000 sq.m. from the State Forestry
Fund for 10 years time limit designated for the construction of a 20 кV electric power line to
supply Plovdivtzi dam.
By Decision N 610 of 15.09.2000 the Council of Ministers (Appendix 8) changed the designation
and excluded forests and lands from the State Forestry Fund on the territory of the village of
Plovdivtzi with a surface of 396 000 square meters, 360 000 square meters of which intended for
the dam area and 33 000 square meters - for the road “village of Plovdivtzi - Frontier Post” and 3
000 square meters - for the water purification plant. Some afforestated and non-afforested
woodlands granted to the Ministry of Regional Development and Public Works following
payment of fees amounting to BGN 3.309.950 due for the exclusion and granting for use of areas
2
from the State Forestry Fund are also affected. The amount was paid on the account of Smolyan
State Forestry.
According to the preliminary assessment of the properties falling within the Plovdivtzi Dam
reservoir and the supporting road thereto, the operation also affected some State-owned
agricultural land totalling 5 521 000 sq.m., as well as lands operated and managed by the
Municipality of Rudozem, Plovdivtzi town hall with total surface of 7.575 000 sq.m.
The enclosed table contains a reference of the lands acquired by the State for the construction of
Plovdivtzi Dam, differentiated by persons and/or by bodies and entities from which it was
acquired:
Dam and
supporting
infrastructure
Dam reservoir
and Sanitary and
Security area of
belt І
Total amount
of the land
required for
the
construction
447 680 sq.m.
State-owned
land
designated for
the
construction

360 000
sq.m. State
Forestry Fund
Land acquired from private owners
Surface
Number of Amount of
Sq.m.
people
compensation
concerned paid
Payment date
of the
compensation
74 591
31 groups
of people
comprising
the land
owner or
the heirs of
the land
owner
BGN
70,135.40
of which
BGN
62 091.40 for
the land
and BGN
8.044 for
perennial crops
1998 -2000
3 962
8 groups of
people
comprising
the land
owner or
the heirs of
the land
owner
BGN 5 888.80,
of which
BGN 3,259.80
for the land
and BGN
2.629 for
perennial crops
1998 -2000

5 521
sq.m. Stateowned
agricultural
lands

7 575
sq.m. operated
and managed
by the
Municipality
Supporting road
leading to the
Frontier post
36 962 sq.m.
33 000 sq.m.
Water
depuration plant
electric power
line
3 000 sq.m.
3 000 sq.m.
66 100 sq.m.
66 100 sq.m. of
forestry fund
with a right of
use for 10 years
time-limit
The restored property map of Rudozem Municipal Agricultural and Forestry Office does not
contain the lands granted by the State and expropriated from private persons for the construction
of Plovdivtzi Dam.
(ii.)
Future procedures likely to be implemented for the land acquisition during the
process of Plovdivtzi Dam construction.
The main part of the lands for the construction of Plovdivtzi Dam had already been designated
and acquired by the State under the relevant procedures provided for by law, i.e. these were lands
acquired by way of expropriation from private persons and lands from the State Forestry Fund
3
granted by the Ministry of Regional Development and Public Works on the basis of Council of
Ministers Decision under the terms of the Forestry Act. Relatively small number of lands fall
within the dam reservoir (7 575 000 sq.m.), for which no restitution claims have been put
forward. Therefore, according to the law (in particular Art.19 of the Agricultural Land
Ownership and Use Act) these lands were operated and managed by the Municipality of
Rudozem. As of 13 February 2007 by virtue of the Agricultural Land Ownership and Use Act
these properties were owned by the Municipality. For a municipal property to be included in the
dam area, it has to be expropriated.
It is also possible that expropriation may be needed for private properties owned by the heirs of
Arif Reshidof Sinapov. According to preliminary expropriation assessments the properties subject
to alienation include also the following three properties belonging to the heirs of Arif Reshidof
Sinapov – land plot N 033023 with a surface of 752 sq.m.; land plot N 034010 with a surface of
1 193 sq.m. and land plot N 034018 with a surface of 199 sq.m. The expropriation of these
properties has been approved by Order N 370 of the Minister of Finance of 10.08.1998
(Appendix 3) and by Order N RD 02-14-1010 of the Minister of the Regional Development and
Public Works of 16.09.1998 (Appendix N 4).
However, the procedure remained uncompleted and no agreement was concluded by and
between the Regional governor and the heirs of Arif Reshidof Sinapov due to failure to supply
sufficient documents establishing the ownership right of the heirs on these private properties.
The heirs of Arif Reshidof Sinapov submitted request to the Municipal Agricultural and Forestry
Office for the restoration of ownership on 23 000 sq.m. of forests in the village of Iskrat on the
territory of the village of Plovdivtzi.
The Municipal Office denied restoration in view of the failure to supply evidence for the
ownership of the forests claimed. An appeal has been lodged against the Municipal Office
Decision, following which the court delivered a Judgment on the restoration of the
ownership right to the heirs of Arif Reshidof Sinapov on 23 000 sq.m. of forests in the
village of Iskrat, in the territory of the village of Plovdivtzi. The judgement is final and has
the force of res judicata (Appendix N 9 – Judgment N 121 of 31.05.2001 of Madan District
court).
Due to the lack of scheme annexed to the court judgement outlining the forests restored, it is
impossible to draw categorical conclusion that the 23 000 sq.m. of forests thus restored actually
fall within the Plovdivtzi Dam reservoir. A map on restored property has been elaborated for the
lands falling within the territory of the village of Plovdivtzi. Such map is maintained by the
Rudozem Municipal Agricultural and Forestry Office (MAFO). However, the State failed to
submit to MAFO the project of the dam land in order to add it to the restored property map and
for that reason it is impossible at this stage to establish whether the properties restored to the
heirs of Arif Reshidof Sinapov actually fall within the area of Plovdivtzi Dam. After the
measuring of the properties (to be performed by the State) falling within the Plovdivtzi Dam
reservoir and within the SSA belt I, the dam should be added to the restored property map. This
will provide the picture of the properties affected by the dam construction – either the properties
already expropriated or those to be expropriated onward.
Following the comparison between the map thus filled and the scheme of the 23 000 sq.m. of
forests restored under Magan District Court Judgment N 121 of 31.05.2001, which scheme the
heirs of Arif Reshidof Sinapov have to present, it will be possible to assess whether the properties
thus restored fall within the dam area and whether it is to be proceeded to expropriation of the
entire property or part of it.
4
(iii.)
Overview of the legal regulation under which acquisition and designation of land
for the construction of Plovdivtzi Dam has been carried out
Allocation of lands for Plovdivtzi Dam has been carried out under the new Constitution of 1991
following the initiation of the procedure on restoration of lands and forests taken away by the
State in accordance with the previous political regime. The main part of the lands, designated for
construction of the dam, is State property, in particular lands and forests from the State Forestry
Fund. With reference to these lands the procedures under the Forestry Act have been complied
with insofar as the exclusion of lands and forests from the State Forestry Fund is concerned.
According to the Forestry Act, and in particular Art. 14 thereof, the exclusion of forests and lands
from the forestry fund shall be carried out in the event of change in designation and allocation to
sites intended for the construction of dams. The exclusion of forests and lands from the State
Forestry fund exceeding 100 000 sq.m. shall be carried out by the Council of Ministers on a
proposal from the president of the State Agency on Forestry.
By Decision N 610 of 15.09.2000 the Council of Ministers changed the designation of 396 000
sq.m. of lands from the State Forestry Fund granting them to the Ministry of the Regional
Development and Public Works. Since these lands were granted to a public body for the
performance of its duties, there were no change in the ownership of the lands excluded from the
forestry fund but only in the status thereof: by virtue of Decision No 610/2000 they were
declared public (i.e. non-transferable) State property granted to the Ministry of Regional
Development and Public Works for the performance of its duties.
The State has acquired the ownership right on private agricultural lands and yard parcels for the
construction of Plovdivtzi Dam on the basis of expropriation procedure and agreements
concluded on the transfer of ownership right by and between the Regional governor and each and
every one of the owners concerned. In designating the land parcel for the dam construction, the
principle providing for the need to avoid expropriating private properties when a State property is
available was complied with. Private properties have been expropriated following the assessment
that the location chosen for the future water site is the only possible one.
Therefore, in the proposal from the Plovdiv Regional governor to the Minister of Finance and
the Minister of Regional Development and Public Works for expropriation of private properties
the expropriation was motivated by the administrative authority as the only possible solution to
satisfy the drinkable water needs of the settlements in the municipalities of Rudozem and Madan.
It also stated that during the public discussions the project (namely the dam construction and the
related expropriation of lands) was favourably accepted. The expropriation has been carried out
under the provisions of the State Property Act, in force at that moment.
According to these provisions immovable properties or parts of it owned by physical persons or
legal entities shall only be expropriated to satisfy such public needs that cannot be otherwise
satisfied and subject to prior and equivalent compensation.
The Minister of Finance and the Minister of Regional Development and Public Works shall
decide on the existence of the conditions for expropriation. The Minister of Finance shall also
decide on the financial support of the expropriation. Following approval of the request for
expropriation the relevant Ministers shall forward the file to the Regional governor for the
expropriation procedures to be implemented. The Regional governor shall make a proposal for
expropriation to the owner of the land stating the public need confirmed by the Minister of
Finance and the Minister of Regional Development and Public Works, the way of compensation
and the value of the lands.
If the owner agrees to the proposal the Regional governor shall execute sale-purchase agreement
with them thus terminating the expropriation procedure. If the owner disagrees entirely or in part,
5
the Regional governor shall enter into negotiations with them aiming at the conclusion of the
agreement to be approved by the Minister of Finance and the Minister of Regional Development
and Public Works. In case of failure to reach agreement the Regional governor shall refer the
matter to the relevant district court which judgment shall be final and having the force of
expropriation deed. In the case under consideration the expropriation procedure has been
terminated with the execution of purchase agreements by and between the Regional governor and
the persons concerned. Only three land plots have not been expropriated due to failure to supply
ownership documents, claimed as the property of the heirs of Arif Reshidof Sinapov, namely land
plot N 033023 with a surface of 752 sq.m.; land plot N 034010 with a surface of 1.193 000 sq.m.
and land plot N 034018 with a surface of 199 sq.m.
(iv.)
Overview of the restitution legislation and the procedures on restitution of lands
concerned by Plovdivtzi Dam construction.
Following the adoption of the Constitution of 1991 the bases have also been laid down of the
restitution legislation. Laws have been adopted providing for the restoration of ownership right
on properties, lands and forests to the persons having been deprived of them on the grounds of
deeds governed by previous political and legal regulation – Agricultural Land Ownership and Use
Act (1991), Act restoring Ownership of certain retail Shops, Workshops, Warehouses and Repair
Shops (1991), Act Restoring Ownership on Nationalized Immovables (1992), Act restoring
Ownership on Certain Expropriated Immovables under the Zoning and Urban Planning Act,
Staged Construction of Populated Areas Act, Public Works in the Populated Areas Act, Stateowned Properties Act and Ownership Act (1992), Act Restoring Ownership on Forests and
Forest Stock Land Tracts from the Forestry fund (1997). The Agricultural Land Ownership and
Use Act and the Act Restoring Ownership on Forests and Forest Stock Land Tracts from the
Forestry fund laid down the following principles and procedures regulating the restitution of
lands and forests taken away from their owners:
The persons claiming restoration of the ownership right on agricultural lands shall submit
restoration application within 17 months from the entering into force of this Act, i.e. not later
than 07.11.1993. Applications for restoration of ownership right on forests and land from the
Forestry Fund are submitted to the Municipal Agricultural and Forestry Offices according to their
location within 30 June 1999. The persons failing to meet the above times limits for submission
of applications are entitled to establish in judicial proceedings their right of restoration of
ownership on lands and forests lodging a claim against the Municipal Agricultural and Forestry
Office according to the location of the lands and/or forests. This claim can be lodged both for
the agricultural lands and for the lands and forests originating from the Forestry fund, before 12
May 2007. The lands and forests shall be restored in their old real boundaries or in new real
boundaries. In cases where activities have been carried out on expropriated forests or lands
making impossible the ownership restoration, such as construction of water engineering systems,
the owners shall be compensated by forests and land of the same type and origin. Pursuant to the
Agricultural Land Ownership and Use Act “Owners or their heirs owning agricultural lands prior
to the establishment of labour co-operative farms or state farms regardless of whether such lands
used to be incorporated therein or in other suchlike agricultural organisations set up on the basis
thereof within or outside the boundaries of urbanized territories (settlements), and if any activities
have been carried out on their farms were that render the restoration of ownership therein
impossible, shall be compensated, at their request, by equivalent lands of the Municipal Land
Fund and/or by registered compensatory notes”.
The same principle is stated also in the Act Restoring Ownership on Forests and Forest Stock
Land Tracts from the Forestry fund: If forests and lands cannot be restored in their existing or
restorable old boundaries due to any activities carried out thereon, the owners shall be
6
compensated by forests and lands of the equivalent type, origin and surface as the ones being
expropriated on the territory of the same settlement on the territory of a neighbouring or other
settlement within the municipality. Compensations are set out by Decision of the Municipal
Agricultural and Forestry Office.
The persons concerned are entitled to contest by judicial means the Municipal Office refusal to
restore the lands and forests demonstrating that no activities have been carried out on their lands
making impossible the restoration of the ownership. With judicial means, by lodging an appeal
against the Municipal Agricultural and Forestry Office Decision can also be contested the type
and the amount of the compensations established. The lands on which activities have been
carried out making impossible the restoration of the ownership are State property under
the restitution laws.
74.591 sq.m. of private lands have been expropriated for the construction of Plovdivtzi
Dam. The same lands, prior to expropriation, have been restored to their owners in
accordance with the restitution laws (Appendix 10 – Certificate of the Rudozem
Agricultural and Forestry Municipal Office). Following restoration of the ownership, the
lands have been expropriated for the construction of Plovdivtzi Dam. As already pointed
out in section (ii) above, currently only the ownership of the heirs of Arif Reshidof
Sinapov is questionable as regards land plot N 033023 with a surface of 752 sq.m.; land
plot N 034010 with a surface of 1.193 000 sq.m. and land plot N 034018 with a surface of
199 sq.m.
(v.)
Legal possibilities available to the owners of expropriated properties to claim the
restitution thereof in case of failure to realise the project
According to Art.40 of the State Property Act: “If, within three years from the expropriation of
the property, the measure under the detailed urban development plan has not commenced or the
property concerned is not used for the purposes it had been expropriated, at the request of the
former owner of such real property, the relevant Regional governor shall revoke the alienation
following reimbursement of the compensation received”.
The annulment of the expropriation requires that the activity for which the expropriation has
been carried out have not been initiated. Private properties falling within the land plots designated
to the construction of Plovdivtzi Dam have been expropriated in 1998 and no activity has been
initiated on them, namely dam construction.
That is the reason why former owners whose private properties have been expropriated for
Plovdivtzi Dam construction, are deprived of the legal means under Art. 40 State Property Act.
(vi.)
Restriction on activities imposed in view of the Plovdivtzi Dam water collection.
Under the legislation in force (Water Act, Public Health Act and Ordinance N 3 of 16.10.2000 on
the conditions and procedures for studying, planning, approving and exploiting Sanitary and
Security Areas neighbouring water sources and drinking and household water supply facilities and
mineral water sources used for treatment, prevention, drinking and hygiene purposes) there is a
ban on the exploitation of a water source regardless of its ownership if there is no SSA
established.
Designs have been elaborated for SSA in the area of Plovdivtzi Dam and lands have been
allocated for belt I of the SSA. The lands falling within belt ІІ and belt ІІІ are not subject to
expropriation, but regarding their owners the following bans and restrictions on the performance
of certain activities likely to have negative impact on the water source have been established (the
7
abbreviations in the last two columns shall mean: B – ban; R – restriction; RDN – restriction in
case of demonstrated need).
N
Types of activities
Belt II
Belt III
1.
Underground resources extraction
R
R
2.
Construction of ground and
underground construction facilities
excluding reconstruction and
modernisation of the main water
supply facilities
R
-
3.
Use of the land plot for new or
existing cemetery for new funerals
B
RDN
4.
Creating new and enlarging the
existing populated territories for
permanent and seasonal use with no
sanitation and depuration facilities
complying with the technical
requirements
B
RDN
5.
Construction of water-piping
disconnected from the water supply
system
RDN
-
6.
Construction of pipelines conducting
oil and other harmful or toxic
substances
B
B
7.
Construction of roads and highways
R
RDN
8.
Developing service centres, car
washes and parkings
B
RDN
9.
Developing facilities and industrial
activities leading to increase in
eutrophication substances’ content
in water
B
RDN
10.
Developing underground reservoirs
and repositories for dangerous
substances
B
B
11.
Animal farm (excluding pig-breeding
farms)
B
R
12.
Pig-breeding farms
B
B
13.
Private animal farms
RDN
-
14.
Manuring with liquid natural manure
B
RDN
8
15.
Manuring with natural manure and/
or compost
R
-
16.
Fertilizing with non organic
fertilizers
R
RDN
17.
Using of plant protection products
R
RDN
18.
Construction of silage pits
R
-
19.
Irrigation and fertilization with waste
waters
R
RDN
20.
Use of aircrafts for distribution of
fertilisers and pesticides
B
B
21.
Industrial fish-farming
R
-
22.
Use of internal combustion
motor vessels
B
R
23.
Camping sits and vacation camps
B
RDN
24.
Holiday houses and similar
B
RDN
25.
Cutting down of forests excluding
breeding cuttings
R
RDN
26.
Washing with chemicals and/or
bleaching materials
B
B
According to data provided by the Municipality of Rudozem and Plovdivtzi county the
establishment of belt ІІ and belt ІІІ of Plovdivtzi Dam SSA will not result in bans or restrictions
regarding the activities currently carried out.
Up to now the dam lands are being used for grazing of 12 cows, 14 goats and 4 sheep belonging
to a total of 10 owners. Cows are usually placed in cowsheds and fed with hay mowed by their
owners in the dam area. The mowing season lasts from June to September. Every day or every
other day goats and sheep are taken out to pasture by their owners in the dam area.
According to the majority of persons interviewed, the dam grass is mainly mowed not so much to
be used for animal feeding but rather as a protection measure against fires. Most owners are not
that concerned by the submerging of the lands since they have other meadows of their own to be
used for mowing and grazing.
(vii.)
Implementing social commitments in connection with Plovdivtzi Dam water
collection.
Prior to the completion of the expropriation file for the private properties falling within the
Plovdivtzi Dam reservoir and SSA a meeting was held between the persons concerned,
representatives of Rudozem Municipality, representatives of the dam designer
9
Vodokanalengineering OOD and investor control, Geos OOD, Smolyan. The meeting was held
on 9 July 1998 and a Protocol has been drafted thereof (Protocol N 11), containing the following
requests of the persons concerned:
1.
Rudozem Municipality and the contractor shall ensure development of forest
roads providing access to the lands proposed for expropriation in view of their recultivation and farming.
2.
Rudozem Municipality and the contractor jointly commit themselves to build-up
the village inner roads – asphalting and putting in place sidewalks.
3.
Rudozem Municipality and the contractor commit themselves to restore the village
old irrigation systems, namely to conduct water to the water-mill and to build-up two
irrigation channels on the two sides of the village.
4.
Rudozem Municipality and the contractor shall make adjustments to the river
within the scope of the Plovdivtzi urban planning plan.
5.
The necessary quantities of running water for drinking and household needs to all
points of the village shall be ensured.
6.
The Municipality and the contractor shall build playgrounds and sports grounds in
the school area.
7.
Rudozem Municipality and the contractor shall re-cultivate the zone of the old
depuration plan in the village of Delimehemdsko.
The main part of these commitments has been complied with. The following remains to be
implemented:
Completing the asphalting of the inner road network – some 800 metres still
remain to be build;
No playgrounds are put in place. There are no sports ground in the school area
since the school has been closed. The opening of a kindergarten is envisaged.
The village old irrigation system has not been restored.
The restoration of the irrigation systems and the provision of the necessary quantities of
running water for drinking and household needs are connected with the completion of the
dam and will directly result as the effect of the Plovdivtzi Dam construction.
The social effect of the project implementation will have multiple dimensions:
Improvement of the water supply of the villages neighbouring the dam
area;
Development of infrastructure, tourism and economy;
Reduction of unemployment and creation of new jobs;
Improvement of the quality and standard of living of the population.
The future Plovdivtzi Dam will accumulate water for potable water supply from the towns of
Madan, Rudozem, Smolyan and a number of other settlements with 41 754 inhabitants.
Its commissioning will terminate the so called “tacit restrictions on water supply” for the towns of
Madan and Rudozem, which is due to the inconstant flow of surface water sources, currently
ensuring water supply.
The expectations of either local authorities or the municipality population concerning the
commissioning of the dam are also connected with some improvement of the infrastructure, thus
achieving sustainable results and development of local business, short-term and long-term
tourism.
10
The dam construction and commissioning is expected to ensure employment and new jobs as
well. In this way the unemployment rate in the area will be reduced and this will necessarily result
in a further social effect for the population.
The implementation of the project on the Plovdivtzi Dam completion will make possible the
water consumption for drinking and household purposes to approximate the European standards
for consumption and will improve the quality of life and people’s lifestyle. Good conditions will
be created for developing the medium and small business, the services and the economy which
will considerably improve the quality of live and the population’s living standard.
(viii.)
Conclusions
In summary, the following CONCLUSIONS can be drawn:
1. For the Plovdivtzi Dam State-owned lands have been allocated and private properties have
been expropriated the owners of which received prior and equal compensation.
2. Expropriation of private property lands was carried out legally and in compliance with the
statutory acts in force at the time of expropriation.
3. The Plovdivtzi Dam construction has not and will not imply displacement of population.
4. The dam completion requires no subsequent acquisition and expropriation of other lands nor
displacement of population excluding some small lands owned by the municipality, as well as
small private property lands should their ownership be proved.
5. The lands which following completion of the construction, will fall under the water level, are
non-productive, poorly afforestated or non-afforestated areas and in some insignificant part agricultural lands.
6. The State is the owner of the expropriated private lands and of the forests and lands from the
State Forestry Fund, granted for the Plovdivtzi Dam construction. It is recommendable that the
State should assign the measuring of the lands falling within the Plovdivtzi Dam reservoir and in
the SSA of belt I. Furthermore, it should request that these properties be added to the restored
property map as a single property designated for a dam.
7. The procedures implemented for the provision of lands for the construction of Plovdivtzi
Dam are in compliance with the objectives as set forth in World Bank Operational Policy and
Bank Procedure 4.12 „Involuntary resettlement”, and namely:
Alternative models of the project have been used with a view of avoiding or
minimizing involuntary resettlement such as providing State-owned properties and only
exceptionally some expropriation procedures have been carried following prior
compensation of their owners.
In cases when involuntary displacement could not be avoided, the persons
concerned have been duly compensated with the equal value of their expropriated
properties.
In summary of the aforesaid, the enclosed table contains a reference of the documents certifying
the ownership rights of the State on the lands on which the dam construction began as well as the
documents regarding the rights of the persons concerned by the activity carried out:
Documents certifying Documents
the ownership rights concerning
of the State
compensations paid
for the land acquired
Acts
designating (
List
of
State-owned lands for compensations paid
Documents
concerning restitution
claims
and
compensation paid
The
ownership
restoration precedes
11
Actions brought in
court
concerning
private
person’s
ownership
Judgment
having
force of res judicata of
the purposes of dam
construction
as
indicated
in
Appendixes 1 to 5
to the owners and
heirs of agricultural
lands, perennial crops
falling within them in
connection with their
expropriation for the
construction
of
Plovdivtzi dam Appendix 6)
the expropriation of
the private properties
for the construction
of the dam. The
private
properties
falling within the
Plovdivtzi
Dam
reservoir prior to their
expropriation
have
been resituated Certificate of the
Rudozem Agricultural
and
Forestry
Municipal Office –
exit N 1074 of
05.11.2007
–
Appendix 10
12
the Madan District
court N 121 of
31.05.2001 Appendix 9. By this
judgment
the
ownership on 23 000
sq.m. of forests on
the territory of the
village of Plovdivtzi
has been restored to
the heirs of Arif
Reshidov Sinapov, in
the village of Iskrat.
Failing
the
identification of these
forests in the court’s
judgement it is not
possible to draw
conclusions
on
whether
the
properties
thus
restored actually fall
within the Plovdivtzi
Dam reservoir.
APPENDIXES
1.
Appendix 1 - Protocol of 20.05.1997 of the Commission nominated by the Plovdiv
Regional governor designating the sites for the construction of Plovdivtzi Dam and the
supporting infrastructure.
2.
Appendix 2 - Decision N KZZ-7 of 03.12.1997 of the Agricultural Land Commission to
the Ministry of Agriculture, Forestry and Agrarian Reform.
3.
Appendix 3 – Order N 370 of 10.08.1998 of the Minister of Finance.
4.
Appendix 4 – Order N RD 02-14-1010 of 16.09.1998 of the Minister of the Regional
Development and Public Works.
5.
Appendix 5 – Order N RD 02-14-1069 of 28.09.1998 of the Minister of the Regional
Development and Public Works.
6.
Appendix 6 – List of compensations paid to the owners and heirs of agricultural lands,
perennial crops falling within them in connection with their expropriation for the construction of
Plovdivtzi Dam as of 20.06.2000.
7.
Appendix 7 – Order N RD 02-46-690 of 02.06.1999 of the Minister of Agriculture,
Forestry and Agrarian Reform.
8.
Appendix 8 – Council of Ministers Decision N 610 of 15.09.2000.
9.
Appendix 9 – Judgment of Madan District court N 121 of 31.05.2001.
10.
Appendix 10 – Certificate of the Rudozem Agricultural and Forestry Municipal Office.
11.
Appendix 11 – Protocol of 9 July 1998, signed by the owners of expropriated properties,
representatives of the Municipal administration, Vodokanalengineering OOD and Geos OOD,
Smolyan.
12.
Appendix 12 - Sanitary and Security Area Design for Plovdivtzi Dam (unofficial).
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LIST OF ABBREVIATIONS USED IN THE TEXT
SSA – Sanitary and Security area
MAFO – Municipal and Agricultural Forestry Office
14