Without fulfilling legal procedures, the town government immediately demolished the houses of the villagers. The court held that the actions of the township government were “illegal in the administrative compulsory demolition procedure”, and ruled that the forced demolition was illegal. The lawyer said that the township government may bear high compensation for the forced demolition.
Leaking old house in disrepair
Villagers spend millions to build a two-story building while applying for procedures
Ms. Wen is from Suixi County, Zhanjiang City, Guangdong Province. Her parents and two younger brothers are farmers and live in her hometown in the countryside.
“The house in my hometown was built in the 1980s, with an area of more than 80 square meters. Before, the family crowded together and it was very cramped.”
Ms. Wen said that due to years of disrepair, the house in her hometown leaked whenever it rained, which made her family very upset. The two younger brothers are both over 30 years old and should have started a family long ago, but because they have no house, they have been single.
“The alley where the old house is located is too narrow, and the machines outside can’t get in, so it’s impossible to rebuild it.” Ms. Wen said that under such circumstances, her brother applied to Murakami for a new house site and planned to build a new house, but The procedure has not been completed.
Seeing a villager building a house in the land not far from the old house, in October 2020, Mr. Wen’s younger brother also built a house in his own land at the same location, and at the same time went through the relevant procedures. In July and August 2022, the two-story new building of Ms. Wen’s house was completed, but the procedures have not been completed.
“Because it was really just needed, my brother immediately carried out fine decoration on the new house.” Ms. Wen said that including the decoration, the construction of the new house cost more than 1 million yuan. After the renovation of the new house, considering the pollution problem, his younger brother will occasionally live in it for a while, and the old man has not moved for the time being.
Demolition site
Months after the new house was built
The town government determined that it was an illegal building and forced to demolish it
Ms. Wen introduced that while her younger brother was still going through the relevant procedures, on the morning of December 18, 2022 (Sunday), the government of Huanglue Town, Suixi County suddenly organized personnel to forcibly demolish her house.
“As for the reason for the forced demolition, the town government gave us a reply that, according to satellite inspections, we found that we built a house on basic farmland and illegally occupied 120 square meters of land.
After identifying the satellite pictures provided by the town government, Ms. Wen and her family found that the house captured by the satellite was not her family’s house. “The balconies of illegal buildings photographed by satellites are arcs and curves, but the balconies of our house are straight lines. We suspect that the town government made a mistake.”
Ms. Wen said that the illegal buildings photographed by the satellite are different from their house
Ms. Wen said that in the place where her family built their house, there are six or seven houses that have already been built, but up to now, only one of them has been demolished in the town. “If the land on which my house is built is basic farmland, aren’t the other houses in the surrounding area not basic farmland?”
Regarding the questions of Ms. Wen’s family, in May 2023, the Huanglue Town Government made a special statement: After satellite inspections, it was discovered that Wen XX (brother of Ms. Wen) from a certain village in Huanglue Town had died in March 2021 (Ms. It’s the time when the neighbor’s house is being built) to start construction on the east side of the new village. On November 14, 2022, after the Huanglue Town Law Enforcement Office went to the site to investigate, Wen Moumou illegally occupied basic farmland to build a two-story house, covering an area of about 120 square meters. This behavior has constituted the fact of illegal land occupation and illegal construction.
The Huanglue town government issued a notice to Wen XX to order the demolition of the illegal building within a time limit. Wen XX did not demolish the illegal building on the illegally occupied land within the time limit. According to the relevant notification requirements of the Zhanjiang Municipal Bureau of Natural Resources, the approval procedures shall be carried out for the houses that meet the requirements for agricultural conversion to ensure the housing of the masses, and the illegal land that does not meet the processing requirements shall be resolutely demolished and re-cultivated according to law. Wen’s house occupied the basic farmland to build a house, and could not go through the approval procedures for agricultural conversion. On December 18, 2022, the Huanglue Town Government demolished Wen’s house according to law and resumed farming.
Ms. Wen said that the red circle is where her house was demolished
Homeowner takes town to court
The court of first instance ruled that forced demolition was illegal
Ms. Wen and her family did not agree with the town government’s statement. One is that the satellite image provided by the town government is not her house, and the other is that the town government did not ask them to sign the “Notice of Ordering the Demolition of Illegal Buildings within a Time Limit” and other documents before the forced demolition, which is a serious violation of the procedure.
Demolition site
In mid-May 2023, Ms. Wen’s family sued the Huanglue town government to the court of Zhanjiang Economic and Technological Development Zone, requesting the court to rule that the town government’s forced demolitions were illegal.
On July 5, 2023, the court heard the case in public.
In court, the government of Huanglue Town argued that Wen’s housing plot was permanent basic farmland, and that he had not gone through the approval procedures for the conversion of agricultural land and the construction approval procedures, which violated the relevant provisions of the Land Management Law.
On November 14, 2022, the Huanglue Town Government issued a “Notice of Ordering the Demolition of Illegal Buildings within a Time Limit” to Wen Moumou, requiring Wen Moumou to demolish the illegal buildings on the illegally occupied land before November 18, 2022, and clean up the illegal buildings. Occupy the stockpile on the land and restore the land to its original state. If it is not demolished within the time limit, the town government will take compulsory measures to demolish it according to law.
As of December 17, 2022, Wen XX had not demolished the illegal building, so the town government organized forces to forcibly demolish the illegally built house of Wen XX on December 18, 2022, and resume farming. Ask the court to make a judgment according to law.
The court held that the “Administrative Enforcement Law” stipulates that before making a compulsory enforcement decision, the administrative organ should urge the party to perform its obligations in advance, and the party has the right to make a statement and defense after receiving the urging letter, and the party still fails to perform the administrative decision after the urging, and If there is no justifiable reason, the administrative organ shall make an enforcement decision and inform the party concerned of the route and deadline for applying for administrative reconsideration or administrative litigation. The urging letter and administrative enforcement decision shall be directly served on the parties concerned.
The “Administrative Compulsory Law” also stipulates that: if illegal buildings, structures, facilities, etc. need to be demolished by force, the administrative organ shall make an announcement, and the parties concerned shall dismantle them by themselves within a time limit. If the party concerned does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not demolish, the administrative organ may force the demolition according to law. In this case, the government of Huanglue Township issued the “Notice of Ordering the Demolition of Illegal Buildings within a Time Limit” on November 14, 2022. If the plaintiff’s statutory application for administrative reconsideration or the time limit for filing an administrative lawsuit has not yet expired, the compulsory enforcement will be carried out on December 18, 2022. The demolition of the house involved in the case does not comply with the above-mentioned legal provisions, and it is an illegal administrative compulsory demolition procedure.
On July 10, 2023, the court of first instance ruled: It was confirmed that the Huanglue town government’s forced demolition of Wen’s house was illegal.
Court of First Instance Judgment: Confirmed that Huanglue Town Government’s forced demolition of Wen’s house was illegal
Ms. Wen said that her lawyer received the first-instance judgment on July 24. On August 10, she learned from the first-instance court that the Huanglue Township government has not yet appealed. On the morning of the same day, the Dafeng News reporter of Huashang Daily confirmed from the court of Zhanjiang Economic and Technological Development Zone that up to now, the court has indeed not received the appeal letter from the government of Huanglue Town, because it is not known when the government of Huanglue Town received the first-instance judgment, therefore, It is not yet clear whether the appeal period has passed.
Will the Huanglue township government appeal? Are Ms. Wen’s reports true? On the morning of August 10, Huanglue town government staff said that it was inconvenient to introduce the relevant situation over the phone. The “local village cadre” provided by Ms. Wen said on the phone that he was not a village cadre and did not understand the situation reported by Ms. Wen.
Lawyers say: If the verdict takes effect
The parties may sue the town government for compensation
Lawyer Xie Fei, deputy director of Zhejiang Zhengmu Law Firm, reminded the general public that when encountering forced demolitions, they should call the police in time, file a protection request with the local public security organ, and keep the delivery receipt. Second, after being infringed, it is required to file a case for investigation and investigate the criminal responsibility of the infringer. The third is to raise administrative reconsideration or administrative litigation for administrative inaction when appropriate. Fourth, we must obtain reasonable compensation for demolition and relocation through litigation.
Xie Fei said that in this case, the court found that the demolition procedure of the township government was illegal, and finally ruled that the demolition was illegal. If the town government demolishes illegal buildings in accordance with the law and procedures, it will not be liable for compensation. In this case, after the Huanglue Town government issued the “Notice of Ordering the Demolition of Illegal Buildings within a Time Limit”, the plaintiff’s statutory application for administrative reconsideration or the deadline for filing an administrative lawsuit has not yet expired, and the government forcibly demolished the houses involved in the case, which is obviously illegal. It is also impossible to make up the relevant procedures to make the forced demolition legal. That is to say, the forced demolition is irreversible and the loss cannot be recovered.
She said that the court ruled that the forced demolition was illegal, and the demolished people could apply to the subject of the forced demolition for state compensation. If the administrative agency did not respond to the compensation application or the demolished people were not satisfied with the reply, the demolished people could file a lawsuit in the court for compensation.
“If the first-instance judgment of this case becomes effective, it is recommended that the demolished person first submit an application for state compensation to the agency with compensation obligations. If the agency with compensation obligations does not respond or the demolished person is not satisfied with the reply, they can apply for compensation in accordance with Article 14 of the “National Compensation Law.” If the organ fails to make a decision on whether to make compensation within the prescribed time limit, the compensation claimant may, within three months from the expiration of the time limit, file a lawsuit in a people’s court. If the compensation claimant has objections to the compensation method, items, and amount, or If the obligatory organ makes a decision not to pay compensation, the compensation claimant may, within three months from the date when the compensating obligatory organ makes the decision to make compensation or not to grant compensation, bring a lawsuit to the people’s court’ and file a state compensation lawsuit with the court in accordance with the law, requesting The people’s court made a fair and reasonable judgment and awarded compensation for the losses suffered by the demolished people due to illegal forced demolition.” Xie Fei finally reminded.
Chen Youmou, Dafeng News reporter of Huashang Daily
Original title: Villagers who spent millions to build houses on their own land were forcibly demolished, and the court ruled that the town government violated the law
Editor in charge: Zheng Lili
2023-08-11 07:54:00
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