Demolition permit 12 years to 24 times the extension of the old professor v. Government administration

Longyan City Housing Bureau will be "housing demolition permit" from June 30, 2014 to December 31, 2014
22 afternoon, Lai Wujiang (middle) and brother Lai Wu Hao (right), Lai Wuqin standing in their own homes. May 23, 82-year-old Xiamen University Department of Chemistry retired professor Lai Wujiang and other families, once again came to Longyan City, Xinluo District Court to attend the trial. Involving the relocation of Lai housing relocation permit extension, they and Longyan City Housing and Urban Construction Bureau and the Fujian Provincial Housing Department once again on the court. The permit was issued by the Longyan City Housing Authority to the Longyan City Land Acquisition and Storage Center, after the Longyan City Housing Authority and the Longyan City Housing and Urban Construction Bureau through 24 times the extension of approval, extended for 12 years, and the demolition period of the emergence of three version. They filed an administrative reconsideration with the Fujian Construction and Construction Department, who maintained the extension and sued the court for withdrawing the reconsideration decision. Previously, they have twice filed administrative proceedings, both lost. Parents with remittances to build houses Lai brothers refused to demolition demolition involved in the real estate and courtyards, located in Longyan City, Xinluo District, Xi'an Road and the junction of the northwest corner of the junction, covering about 2,000 square meters. Lai Wujiang's father Lai dust in the late 1920s to Indonesia to do business, in 1950 to respond to the call of the state, back to Longyan investment road, transport construction, with 100 million yuan remittance in Longyan bus station next to the purchase of this house, Pavement and courtyards and other real estate, and there was the Longyan county government issued the "building housing permit." In 2000, the Longyan Municipal Government to the implementation of the old city transformation plan in the name of the recovery, including the real estate, including 4952 square meters of state-owned land use rights to the agreement to sell Longyan City, Longxing construction and development company, the Xicheng business center Old city renovation project construction, application for construction land (commercial and residential). Lai Wujiang said the two sides did not reach any compensation agreement, Lai has not agreed to demolition. October 11, 2003, the original Longyan City Housing Authority to the city land purchasing and storage center issued a "housing demolition permit", said the center due to "climbing high road and Longyan Avenue on both sides (Xi'an section) land acquisition project construction" , The need to demolition within the relevant housing and appurtenances. Lai family brothers were told that their property is the scope of this demolition, but they think they belong to Xi'an Road, not in the proposed climbing West Road, and the plot has been assigned to Longxing company, not "one to two levy." Lai Wujiang said: "The land acquisition and storage projects for my home real estate accounted for no specific construction projects, can not prove that the move is for the public interest needs, and the provisions of the Constitution 'for the public interest needs, in accordance with the law Citizens 'private property is levied or requisitioned and compensated', so we do not agree with the demolition. "Until 2006, the local is still looking for house to talk about demolition, and repeatedly held a cross-examination, mediation. At that time, the land purchasing and storage center had to apply for the original Longyan City Housing Authority ruling demolition of the house, and then need to continue to consult the demolition compensation matters on the grounds of withdrawal of the application. After 7 years without audio, the original Longyan City Housing Authority has also changed to Longyan City Housing and Urban Construction Bureau. The end of 2013 and the first half of 2014, Longyan City Housing and Urban Construction Bureau has repeatedly organized the two sides open permit, mediation, and in July 22, 2014 to make a ruling, asked Lai house within 16 days to the house to the applicant, Otherwise it will apply to the court for demolitions. The Lai Brothers then submitted an application for administrative reconsideration to the Fujian Provincial Office of Housing and Housing, which requested the revocation of the ruling and the latter to suspend the application for reconsideration on the grounds that the demolition was postponed. Housing demolition permit accused of many problems In August last year, Lai brothers through the information disclosure application was informed, Longyan City Housing Construction Bureau will "housing demolition permit" from June 30, 2014 to December 31, 2014 The After that, they were informed that the permit was extended to 30 June 2015. Lai brothers believe that the Longyan City Housing and Urban Construction Bureau of the administrative act of illegal, then twice to the Fujian Provincial Housing Construction Department reconsideration, the latter two to make a decision to maintain, Lai then the two will both court, Longyan City Housing Construction Bureau twice made "on the consent of the extension of the notice to extend the demolition," and the Fujian Provincial Housing and Urban Construction Department to maintain the corresponding notice of the "administrative reconsideration decision book." In the next litigation, Lai Wujiang and attorneys found that there were many problems with the demolition permit: "House demolition permit" The demolition period (2003) No. 012, Day to March 31, 2004, and Longyan City Construction Bureau to the court published in the October 14, 2003 "Minxi Daily" of the "house demolition notice" is written with the demolition period from October 11, 2003 To December 31, 2003; before and after a total of 24 times "extended demolition period notice" on the permit demolition period is from October 11, 2003 to March 21, 2004. In addition, the original Longyan City Housing Authority has to give a "on the consent of the extension of the notice to extend the demolition," the letter "rock house split word (2006) 003", there are obvious signs of alteration. And Longyan City Housing and Urban Construction Bureau in the administrative proceedings in 2014 to produce the notice number into the "03", altered traces disappeared. They applied for the identification of these two notifications by the Department of Housing and Urban Construction in Fujian Province, and were rejected on the grounds that they did not apply for reconsideration of the 2014 postponement. Lawyer also said that on January 21, 2011, "state-owned land on the housing levy and compensation regulations" came into effect, the "House Demolition Permit" is based on the "Urban Housing Demolition Management Ordinance" at the same time abolished, Longyan City Construction Bureau still Following the extension of the Ordinance, there are also problems. Longyan City, Xinluo District Court on January 21, October 15, respectively, on the two litigation to make the first instance verdict, dismissed the plaintiff's request, Longyan City Intermediate People's Court were also on July 13, December 7 to make the final verdict , To maintain the original sentence. In late November, the Fujian Provincial High Court held a hearing for the first litigation, no new progress. One party to extend the party to abandon the right to defend December 23 at 8:30, Lai home for the Longyan City Construction Bureau to make "on the agreement to extend the demolition of the notice" (extended to December 31, 2015), Fujian Province, housing construction Office to maintain the notice of the "administrative reconsideration decision" to sue case, in the Xinluo District Court, the third person Longyan City Land Bank Center staff also came to court. The two sides focus on a number of issues related to cross-examination, debate, the presiding judge in the trial for about 4 hours after the announcement of adjournment, said the collegiate bench after the election date. During the adjournment period, the staff of Longyan City Land and Ships Center said that the extension of the extension will expire on December 31, the Housing Authority will make a new extension permit. Lai Wujiang said, after four effective judgments are sentenced to their defeat, he did not know what the outcome of the trial. He said he would continue to carry out administrative reconsideration of the new deferred permission, Fujian Province, such as living quarters continue to maintain, "once a time, the right path is very tortuous, but we still have to defend." Should the trial focus 1 be revoked? For the demolition permit three deadline, Longyan City Housing Construction Bureau appearance staff said that the deadline should be demolition permit on March 31, 2004 shall prevail, the other two time is "clerical". Fujian Provincial Office of Housing and Urban Construction, said the bulletin issued a notice for the rock house demolition of the word (2003) No. 012 of the notice, the contents quoted from the demolition permit, it should be based on the permit period, and the previous two Relevant cases, the two courts have identified this fact. The plaintiff side believes that the demolition permit on the period not to declare the statutory procedures, and therefore invalid; the public and the demolition of people to see is the bulletin board, so the effective date of the demolition is published in the bulletin December 31, 2003; and the original Longyan City Housing Authority did not within 15 days before the date agreed to postpone, so the demolition permit in December 31, 2003 has been invalidated. After 24 times "on the consent of the notice to extend the demolition of the time" quoted on March 21, 2004, is no wood, cited errors, are invalid, should be revoked according to law. 2 Has the repealed Ordinance still applicable? Fujian Province, living quarters of the staff said that "state-owned land demolition and compensation Ordinance," Article 35 clearly stipulates that the implementation of this Ordinance has been made before the housing demolition permit project, continue to follow the original provisions. The case of "housing demolition permit" in 2003 to obtain, it is still applicable "urban housing demolition management regulations." Longyan City Construction Bureau reaffirmed the reasons for the former, that its specific administrative behavior applicable to the legal basis. The plaintiff lawyer Zhu Xiaochen that the 2001 promulgated the "Urban Housing Demolition Management Regulations" authorized the construction of administrative departments as urban housing demolition management department, but the January 21, 2011 from the implementation of the "state-owned land on the housing demolition and levy regulations" Has abolished the aforesaid regulations, the national construction administrative departments have no longer have the "city housing demolition department in charge of" the statutory duties, Longyan City Housing Construction Bureau of the original demolition management functions have been revoked, in the year on January 21, 2011 After the extension of the extension, the Housing Authority can no longer extend the demolition period on the basis of the laws and administrative regulations that have been abolished. The plaintiff also provided the court with a professor of Public Law and Governance Research Center of China University of Political Science and Law Professor Zhang Shuyi and the School of Law Master Instructor Professor Bian Xiuquan, Xiamen University School of Law Master Instructor Sun Liyan Associate Professor issued according to the case of "expert opinion " Opinions that the demolition of the project once the expiration of the period, due to the "Urban Housing Demolition Management Regulations" was abolished on January 21, 2011, the relevant administrative organs shall not be based on the abolition of the law, and then permission to extend the demolition period. The Opinion also pointed out that the promulgation of the Regulations on the Collection and Compensation of Housing on State-owned Land is intended to replace the criticized demolition permit by lawful collection and to fundamentally solve the social contradictions caused by the forced demolition of the relevant departments. Therefore, if the "demolition permit" to extend indefinitely, it is bound to contribute to the forced demolition behavior. 3 Is the deferral action legal? Longyan City Housing Construction Bureau to attend the staff said that the Bureau under the "Urban Housing Demolition Management Regulations," the provisions of the Longyan City Land Acquisition and Storage Center application, within the validity period to reply and agreed to extend the demolition period until December 31, 2015, Although the announcement of the demolition period of time there are claws of the mistakes, but does not affect the legitimacy of this specific administrative act. The plaintiff attorney Zou Yi believes that the initial permit of the permit notice, the extension of the deadline for the show are not "house demolition permit" on the date, before a series of illegal behavior, decided to extend the demolition period The same illegal, should be revoked. Zhu Xiaoting lawyers also said that the administrative organs to make any administrative action, should be based on the existing law as an authorization, and Longyan City Housing and Urban Construction Bureau did not submit to the court to have the authority to make the administrative action of the relevant evidence, As there is no evidence, so no right to make the administrative act. Beijing Times reporter Huai Ruogu from Fujian Longyan


117843000:2017-04-05 17:34:40