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the person involved in the "orchard demolition" spoke out again: his family was dragged away like animals

2024-09-20

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“being dragged away like cattle.”

on september 19, in an interview with jiupai news, jia ke recalled that he was very desperate at the time, "crying to the sky and the earth, but no one answered."

he said that day five months ago was a nightmare for the whole family because his opera garden was demolished. four women and an elderly man in his family who went forward to record the video as evidence were pinned to the ground and their cell phones were taken away.

jia ke's family was forcibly carried away. photo/provided by the interviewee

jia ke is the person in charge of the lihua manor in rendian town, ye county, henan province. after graduating from university in 2014, he returned to his hometown to start a business and plan to build a pear orchard.

he waited five years for the 30-mu pear trees to grow from tiny saplings into large trees full of fruits. the fruits of his pear trees are large and sweet, and customers come in an endless stream. his orchard has also obtained the national green certification and has become a base for college students to start businesses.

but he didn't expect that when everything was thriving, the construction of a highway would put him on a difficult road of defending his rights. the highway construction required the occupation of part of liyuan's land, but he had a disagreement with the ye county government on the compensation standard and they had not been able to reach an agreement.

on the morning of april 2, the power supply to the pear garden was cut off and then demolished. it was not until recently that the cctv exposed the incident and it became widely known to the public.

in this regard, southern metropolis daily commented that land acquisition must be based on the law and must strictly abide by legal procedures. it cannot violate legal procedures and use violence to forcibly acquire land. this is the most basic example that administrative rule of law should give to society.

on september 20, the pingdingshan city joint investigation team issued a notice stating that in response to the recent online report of the "forced demolition of orchards in ye county" caused by a dispute over compensation standards, the pingdingshan municipal party committee and municipal government have immediately established a joint investigation team composed of the discipline inspection and supervision commission, natural resources and planning, agriculture and rural affairs, forestry, justice and other departments to carry out a comprehensive investigation.

【1】“call to heaven and the earth will not respond.”

jia ke said, "a road project cuts across his pear orchard, which will occupy about 7 mu of his orchard." however, he had disagreements with the rendian town government and the ye county government on compensation standards and could not reach an agreement.

on june 13, 2023, the rendian town government issued a notice to jia ke's orchard, and jia ke hired a beijing lawyer to file a case in the ye county court. after receiving the notice to respond to the lawsuit, the rendian town government subsequently decided to withdraw the "notice of clearance within a time limit".

but what jia ke did not expect was that on april 2, 2024, his orchard was demolished without any prior notice.

jia ke said that at 7 a.m. that day, more than 100 vehicles and three cranes suddenly gathered around the pear orchard. the orchard was cut off from electricity, and passing vehicles were not allowed to stop, let alone get off the car to take photos for evidence.

afterwards, jia ke's mother, wife, second aunt and grandfather were pinned to the ground while recording evidence, and their phones were taken away. the four were then forcibly carried out of the orchard and taken to the police station.

jia ke said he was very desperate at the time, "crying to the sky and the earth, no one answered."

at about 9 o'clock that evening, the police station notified jia ke to pick up the person. when he saw the family, they were already crying. he said, "i felt like the sky was falling."

jia ke provided a reporter from china traffic radio of china central radio and television with a recording of a phone call between his father and hu weizhe, the executive deputy head of ye county, in which hu weizhe admitted that the government had forcibly demolished the liyuan.

hu said on the phone: "i was present at the demolition (of liyuan), and the person in charge of the special team and the deputy director of the county people's congress standing committee were also present. we are for the progress of the project, and i am willing to take responsibility. i don't care who it is, and i am not just targeting you. i participated in the demolition because the key project could not be implemented in ye county. on that day, as the leader of many demolition organizations, i was not the most senior official."

the publicity department of the ye county party committee forwarded to the reporter a statement with the official seal of the people's government of rendian town, ye county. it mentioned that on april 2, 2024, after repeated negotiations with jia hongxun (jia ke's father) failed, the construction party, china communications second highway engineering bureau, started construction in the planned area with the cooperation of our town government and relevant county departments. jia hongxun's relatives obstructed the work, and the staff intervened to stabilize and control the work. li kuangsen, the project leader of china communications second highway engineering bureau, told the china traffic radio reporter that "they are only responsible for construction, not land acquisition and demolition. the government notified them to enter the site for construction on the day of demolishing the pear garden."

【2】compensation standards apply to obsolete documents

the crux of the conflict between jia ke and the ye county government is the issue of compensation standards.

around november 8, 2023, the relevant staff of the rendian town party committee who was in charge of the negotiation asked jia ke and the highway project to find an assessment agency to assess the occupied orchard. both parties found henan baixin assessment company at the same time. a week later, the assessment company verbally informed jia ke that the assessment result of the occupied orchard was 3.19 million.

jia ke said that because the leaders of ye county did not agree to compensate him according to the results and were unwilling to pay the assessment fees, the assessment report was left unfinished and nothing came of it.

he said that officials of rendian town later said that they could only compensate 180,000 yuan based on the standard for scattered fruit trees.

jia ke said that the compensation standard discussed with him by the rendian town government of ye county was based on the document of the people's government of pingdingshan city, "notice on issuing the compensation standards for young crops and ground attachments in pingdingshan city" (pingzheng [2017] no. 33), which compensated for scattered fruit trees. he believed that his orchard could be identified as an economic forest according to relevant national regulations. the compensation standards of the two are very different.

document pingzheng [2017] no. 33 stipulates that if the land use is determined as forest land in the overall land use plan, and the fruit trees and trees are economic forests, the compensation standards shall be strictly implemented in accordance with the relevant requirements of the "notice of the henan provincial forestry department on adjusting the compensation standards for economic forests on land expropriated for national construction" (yu linjing [2017] no. 2).

the land contracted by jia ke was arable land. according to this provision, even if a large area of ​​pear trees were planted, compensation could only be given as a small number of fruit trees. jia ke disagreed with this.

for this reason, he contacted the henan provincial department of justice. on july 19, 2024, the henan provincial department of justice gave him a clear reply stating that the henan provincial forestry bureau issued the "notice on issues concerning the compensation standards for the expropriation of economic forests in agricultural areas" (yulinjing [2020] no. 167) on november 9, 2020, which clearly stipulated that "yulinjing [2017] no. 2" was repealed at the same time. therefore, the provision in the document pingzheng [2017] no. 33 that "only forest land is considered economic forest" will become invalid.

according to china traffic radio of china central radio and television, zhang qiang, deputy secretary of the party committee of rendian town, ye county, responded to this by saying, "compensation can only be made in accordance with document no. 33 of pingdingshan city. i cannot explain the response of the henan provincial department of justice.

【3】“my parents and my wife are all blaming me”

in 2014, after graduating from henan urban construction college, jia ke responded to the call of the ye county party committee and county government to return to his hometown to start a business. he founded the 30-acre lihua manor agricultural complex to plant golden pear trees, and established a company and registered a trademark to implement brand management.

he said that he had a dream of starting a business in rural areas, and he had invested heavily in the pear orchard through bank loans, family support, and fundraising from relatives and friends. he hired a team of agronomists from other places to implement refined management in the orchard during important management periods such as pruning, pollination, fruit and vegetable production, and bagging. he used a large amount of fermented farmyard manure, fermented sesame cakes, bone meal organic fertilizer, and biological agents to replace chemical fertilizers and pesticides, which cost a lot of money.

jia ke's brand "green zhenke" golden pear was once sold at a high price of 8 yuan per catty in the market. it passed the green food certification of the china green food development center of the ministry of agriculture and rural affairs in 2018, and became a "well-known agricultural product brand" in henan province in 2020.

he said that his orchard has become a well-known entrepreneurship base for college students in the local area, and has also led to more than 20 farmers in the surrounding area finding jobs near the orchard. he is currently contacting several college students who have returned to their hometown to start businesses here together.

jia ke's orchard business was greatly affected, with its turnover almost cut in half. he said: "many people don't understand why, and think we have a dispute, so they don't dare to buy pears. the hidden economic losses are also huge. although most villagers sympathize and support us, there are also many people who watch and laugh at the joke."

the natural barrier plant "iron fence" planted in jia ke's orchard was destroyed and the orchard gate was demolished. he was helpless about this. in order to prevent the theft of pears, he once slept in the orchard.

jia ke's family was also unhappy because of the opera. he said: "my parents and my wife are all blaming me."

after graduating from university, jia ke's family found him a good job, but he resolutely refused it because he was determined to start his own business. now, the orchard he started his business in has been demolished, and he feels very sad.

regarding the notice issued by the superior joint investigation team, jia ke said in an interview with jiupai news, "i hope there will be a good result."

jiupai news reporter yan huayang