Unfinished for nearly 6 years of Longyao County Transportation Council building.
In 2010, xingtai, Hebei Longyao County Department of transportation began construction of the General services building. Since then, the land acquisition program substandard land approval is revoked, the building has also become illegal construction, still unfinished.
In six years, contracted the land the villagers have been demanding related departments to demolishing the illegal buildings, restore land undisturbed.
On February 17, Longyao County party Committee propaganda department response to upstream journalists said things will definitely deal with, but was unable to give a specific timetable.
Still farmers of arable land has been unfinished for nearly 6 years in the framework of the Department of transportation building.
Villagers said the village Committee fraud fraud land
In 2015, 11 villagers in Longyao County of xingtai, Hebei Longyao Town East River village, transportation Longyao County Council to court. Prior to that, they put the County Bureau of land and resources, the county planning and administration of the City Council, the County reported.
Villagers said the village rents for sale, then fraud to defraud their contracted land, and County traffic Bureau office building built on the land.
It turns out that 11 villagers from 1999 contracted land in the village, 30-year contract period.
In February 2010, inform villagers of village Committee, the County economic development, to the 127 acres of their land. After the talk about compensation, some of the villagers and the village Committee signed the agreement, the lease contract terms consistent with the villagers.
Villagers said on May 18, will harvest wheat in a field half a month when suddenly a group of people, forced to destroy crops and digging foundations. Later, they know that this is to build a traffic and Transport Bureau office building and the courts.
Longyao County Bureau of land and resources in September 2011, the opinion on the complaint replies show that in April 2009, is imposed by the County Government to be 8.5 hectares of collective land in East Village, folding Mu 127.6 acres. County Bureau of land and resources the land agreement with the East Village and the land acquisition and result confirmation form, signed and stamped with the official seal of legal persons on both sides. Approved by the level declared, the Hebei provincial government made the second batch of Longyao County 2009 construction approval of replacement (hereinafter the decision).
In addition, the Department of transportation and the Court’s construction project approval documents.
East of xingtai got sued the County Transportation Council of the Court ruling.
Hebei provincial Government finds land expropriation procedure irregularities had twice previously inadmissible
Villagers found that villagers did not form the land survey results recognizes them signed. They suspect, but the decision has a problem.
Then, villagers respectively in June 2010 and July respectively to the Hebei provincial Government put forward an application for administrative reconsideration. However, the provincial government twice to date of the applicant’s application within the statutory period for the decision is inadmissible.
Journalist information available shows in the upper reaches, Longyao County respectively on February 26 of that year, the Government posted the announcement of land expropriation and April 18, respectively, is imposed by the East River village of 8.5 hectares of land and 10.5 hectares of land, compensation standard for land 757,500 yuan per hectare, which is 50,500 yuan per MU.
Local villagers told reporters that the village’s per capita farmland is only 0.5 hectares, if the compensation standard is gone, but how long could not sustain this money and have to go out and work. But with the villagers the health status and education, migrant workers than at home farm, at least be able to feed themselves. The villagers highly monolithic: location.
At the insistence of the villagers, the Hebei provincial government political referendum surveyed 2015 Max 27th administrative reconsideration decision. On checking, the land covered by the reply made by the provincial government confirming the results table with the facts, nor the floor attachment in the table property, contractors, land holder’s signature. Huazhong Normal University Associate Professor
The Hebei provincial Government found that land survey results are not expropriated farmers confirmed that irregularities in land expropriation procedure, deregulation of the previous reply.
The Hebei provincial Government revoked the decision, which means other procedures because the land was recognized in the action was unlawful cancellation of approval, County Department of transportation construction project of comprehensive service building with no legal basis, also belong to the illegal construction of the building under construction.
The Hebei provincial government issued the reconsideration decision.
Official response: sure will solve the problem
Building is easy, but hard to remove.
Only the Foundation of the Office building of the Court was supposed to be built, restoring their original landscape more easily. Villagers said, that piece of land in September 2014 and restored to its original condition and plant crops.
But until now, the main structure completed traffic Bureau office building still standing, in the backdrop of the surrounding farmland, is very abrupt.
On November 30 last year, qiaodong district people’s Court heard Li Wenguo, 11 residents of Longyao County Department of transportation administrative inaction litigation case.
Courts believe that County Department of transportation is responsible for the transportation of the executive authorities, does not have the duty of demolishing the illegal buildings. Request traffic administration dismantled illegal buildings, restoration of land to its original condition or requirement in the law of the land is no, does not meet the scope of accepting cases of administrative procedure law, dismiss the lawsuit.
The villagers appealed against the ruling has been appealed to the xingtai intermediate people’s Court. Meanwhile, villagers sued the County Bureau of land and resources and other organizations, asking them to restore land undisturbed.
On February 17, the upstream journalists call the East Village Party Secretary Dong Qunhua. Dong Qunhua, interview to contact County party Committee propaganda Department, then hung up the phone. Longyao County land and resources Bureau Director Yin Yinghuai said they were having a meeting, Longyao County transportation Lu Guizeng, the Secretary has not answered the phone.
Longyao County party Committee propaganda Department said a staff member to respond to, the County is holding the “two sessions”, the County Clerk is also just arrived soon, this is not a word the two words can speak clearly, need to understand the specific situation in the County. “Things will definitely deal with, but when there is a result, hard to say. ”
Legal experts: villagers have requested civil compensation
Beijing de Heng Law Office Senior Adviser, former Vice President Jiang Yangbing Zhanjiang city intermediate people’s Court of administrative divisions introduced, in accordance with the relevant legal provisions, conversion of rural collective land for construction of State-owned land, requiring administrative collection procedures. People’s Government to the original land owner (collective), contracting the right people (farmers) pay for compensation for land expropriation and compensation fees and other athletes, and farmers are placed. The original land owner (collective), contracting the right people (farmers) appealed against the Government and its departments in charge of land expropriation act may initiate administrative proceedings to the people’s Court according to law.
Jiang Yangbing believes that raw land contract and land Longyao County Department of transportation in this case is between equal civil, Longyao contractor considers that the land of the land transport authority building on land involved in violation of land, planning and other legal regulations, land according to law departments and planning departments to complain and request processing.
If people think of land contract land Longyao County Department of transportation without any evidence of cases of illegal land occupation caused losses to its (without is imposed by the size and the dispossession of land), or bring a civil action, request for civil compensation.