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The building Mr. Deng had just built was demolished by the Shiwan Town Government

After applying for multiple certificates and paying relevant taxes and fees in full, the building that Mr. Deng had just built was demolished by the Shiwan Town Government on April 24. Now nearby residents even grow vegetables on the ruins.

Mr. Deng from Shiwan Town, Boluo County, Huizhou City, never expected that his 160-square-meter, six-story building would be deemed an illegal building by the town government and demolished forcibly just after the foundation construction was completed.

On July 6 this year, the Boluo County People's Government made an administrative review of the matter, clearly stating that the forced demolition carried out by the Shiwan Town People's Government on April 24, 2024 was illegal, but the review also rejected Mr. Deng's request for administrative compensation. Faced with this result, Mr. Deng expressed dissatisfaction and has formally filed an administrative lawsuit with the Huizhou Intermediate People's Court, demanding compensation from the Shiwan Town Government.

Complaints from the victim

Although multiple certificates have been obtained, the buildings under construction are still demolished

The building that Mr. Deng had demolished is located on the bank of the Dongjiang River in Shiwan Town, Boluo County, Huizhou City. It covers an area of ​​160 square meters and is planned to be built with six floors. If it had not been forcibly demolished, it would have been close to the top. Mr. Deng said that he was very cautious about building a house and every step was carried out in strict accordance with laws and regulations. Since 2021, he has begun to plan for building a house. According to the formal construction application process, he has successively obtained legal procedures such as the "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit" and "Construction Project Construction Permit", and paid more than 100,000 yuan in related fees such as village and town infrastructure supporting fees in strict accordance with the requirements, and asked the planning unit to carry out planning before starting construction.

Pictured is a construction project construction permit

Mr. Deng stressed that the land certificate he holds was issued by the government department in 2009, which clearly states that the land is transferred and used for residential purposes. He further pointed out that he has successfully obtained the "two certificates" and construction permit from the Boluo County Natural Resources Bureau and Housing Construction Bureau in accordance with the procedures, paid all taxes and fees on time, and then started construction within the specified time.

Mr. Deng told the Nandu reporter that during the construction period, he also strictly abided by environmental protection and construction regulations, built green iron fences, posted dust pollution prevention and control supervision notices, and strived to minimize the impact on the surrounding environment. However, on April 12, 2024, the relevant departments of Shiwan Town issued a "Notice of Order to Rectify River and Lake Issues", requiring him to stop construction and restore the original state. Subsequently, without sufficient communication and notification, the Shiwan Town Government forcibly demolished the construction project on April 24.

Administrative Reconsideration

Boluo County Government: Forced demolition is deemed illegal

Recently, a reporter from Nandu visited the site and saw that the part of the building foundation that was forcibly demolished had been buried under mud, the exposed steel bars were rusted, and the wooden boards had rotted. Nearby residents even opened up a small vegetable plot on the ruins.

On May 7 this year, Mr. Deng filed an application for administrative reconsideration with the Administrative Reconsideration Office of the People's Government of Boluo County, requesting that the forced demolition behavior of Shiwan Town Government be confirmed as illegal and that it be required to compensate him for his economic losses of 493,355.86 yuan and land compensation of 1,600,000 yuan in accordance with the law, as well as the bank loan interest of 2,407 yuan for the same period (temporarily calculated from April 24, 2024 to May 6), totaling 2,095,765.86 yuan.

During the review process, the Boluo County People's Government found that Mr. Deng's house construction site was located within the management scope of Zengbo dike on the northern main stream of Dongjiang River, and he did not obtain the approval of the water administration department, which was unauthorized construction. According to the "Notice on Delimiting the Management Scope of Municipal Rivers and Lakes" issued by the Huizhou Water Conservancy Bureau and the confirmation letter from the Boluo County Water Conservancy Bureau, Mr. Deng's house construction behavior did violate relevant regulations.

In the reconsideration decision, the Boluo County People's Government pointed out that although Mr. Deng's original intention to build a house was understandable, his unauthorized construction of the house violated laws and regulations. At the same time, the Shiwan Town Government failed to provide sufficient evidence to prove the legality and procedural legitimacy of its actions when carrying out the forced demolition, so the forced demolition was confirmed as illegal. However, since the forced demolition has been carried out and is irrevocable, it cannot be directly revoked and can only be confirmed as illegal in accordance with the law.

The building where Mr. Deng was demolished is located on the bank of the Dongjiang River in Shiwan Town, Boluo County, Huizhou City, close to Shilong Wharf in Dongguan. It covers an area of ​​160 square meters and is planned to be built with six floors.

If the construction is not approved by the water conservancy department, compensation will not be supported

As for the compensation request made by Mr. Deng, the Boluo County People's Government believes that the applicant Mr. Deng carried out illegal construction on the land involved in the case within the management scope of the Dongjiang North Mainstream Water Conservancy Project without the review and approval of the water administration department, and the demolished construction project was not legal and should not be compensated. Therefore, the compensation reasons proposed by the applicant Mr. Deng are not valid, and the Boluo County People's Government does not support the administrative compensation proposed by the applicant.

Faced with the "Administrative Reconsideration Decision" made by the Boluo County People's Government, Mr. Deng said that he found it difficult to accept and decided to take further legal action. Recently, Mr. Deng has formally filed an administrative lawsuit with the Huizhou Intermediate People's Court. Mr. Deng specifically cited the trust protection principle in administrative law, believing that the government should maintain its credibility in its actions and promises, and should not change or be capricious at will. He firmly believes that he has fulfilled all obligations to apply for approval and construction, and has carried out construction based on trust in government actions. Therefore, he believes that his ongoing projects are legal and should be protected by law.

Regarding the decision of the Boluo County People's Government to determine that his ongoing project was not legal and refuse compensation on the grounds that it had not been approved by the water administration department, Mr. Deng believed that his ongoing project was carried out on land that he had legal use rights and had been approved by the land and housing construction authorities. Therefore, he asked the court to revoke the administrative reconsideration decision of the Boluo County Government in accordance with the law and order the government to compensate for economic losses.

Response

Shiwan Town: Whether compensation will be paid depends on the ruling

Regarding the case where Mr. Deng’s house under construction was identified as an illegal building and was forcibly demolished, Mr. Huang, the legal adviser of the Shiwan Town People’s Government, pointed out in an interview with Nandu reporters that although the “State-owned Land Use Certificate”, “Construction Land Planning Permit”, “Construction Project Planning Permit” and “Construction Project Construction Permit” had been obtained, the key to the problem was that his construction behavior within the scope of water conservancy project management had not been reviewed and approved by the water administration department. Therefore, Mr. Deng’s construction behavior was considered to be unauthorized construction without permission and fell within the scope of the “four chaos” demolition. Lawyer Huang said that the Shiwan Town Government had no objection to the “Administrative Reconsideration Decision” made by the Boluo County People’s Government, and would respect and obey the final judgment. Regarding the issue of compensation, Lawyer Huang emphasized that the government would execute according to the results of the ruling.

At the same time, the Boluo County Water Conservancy Bureau also responded to the incident. The relevant person in charge of the bureau pointed out that according to the relevant provisions of the "Water Law of the People's Republic of China", construction activities within the river management area must comply with the national flood control standards and other technical requirements, and the project construction plan must be submitted to the relevant water administration department for review and approval. This legal provision is clear and strict, but it is rare for cases like Mr. Deng to find out that the water administration department has not reviewed and approved it after obtaining other relevant documents.

In response to Mr. Deng's questions, the Boluo County Water Conservancy Bureau admitted that there may be shortcomings in the popularization of law, and said that it would strengthen the publicity of relevant laws and regulations to ensure that the public has a full understanding of the construction approval process.

Micro review

This concerns the vital interests of citizens, and law enforcement should be more warm and less arbitrary!

Mr. Deng couldn't understand why his building, which had all the necessary procedures, was deemed an illegal building and was forcibly demolished. The town government's demolition seemed to be legally justified. It did not have the permission of the water conservancy department, and was considered unauthorized construction, which fell within the scope of the "four chaos" demolition. In an administrative review, the Boluo County government characterized the forced demolition of Shiwan Town as "illegal." It can be said that this is clear-cut and worthy of praise. In fact, it puts higher demands on law enforcement departments. Even when dealing with illegal buildings, government departments should provide sufficient evidence of legality when enforcing the law, and enforce the law strictly in accordance with legal procedures. Specifically in this case, after all, it involves the property safety of the parties involved. Did the law enforcement department fully communicate and negotiate with them before the forced demolition? Can law enforcement be more humane? Less "willful"?

The county government's administrative review determined that the construction was not approved by the water administration department, was not legal, and could not receive compensation. This determination is also legally based, but it is worth reflecting on why the approval and permission of the water conservancy department did not become a prerequisite for the approval of land use permits and construction permits? In fact, this is the most unacceptable aspect for the parties involved. They have obtained an official construction permit, so how come the building has become an illegal construction? In this sense, the administrative licensing approval process of government departments and the coordination mechanism between departments need to be improved and optimized.

At present, the parties have appealed to the Huizhou Intermediate People's Court, and Shiwan Town has also expressed its respect and obedience to the final judgment. We hope that the final ruling of the Municipal Intermediate People's Court can settle the dispute and give justice to the parties.

Southern Metropolis Daily Research No. 364

Co-ordinator:Liu Huilong, Jiang Ying, Yang Zhenhua

Written/Photographed by: Southern Metropolis Daily reporter Guo Qiuchen and Tian Fei