Guangdong Department of Land 19 years ago, the warning sings of acres of land was granted to prosecute violators

Guo Shu expropriation of land in next to the land contract to show their use permits. Southern reporter intern Linhong Xian Feng Zhou Feng photo

19 years ago, the former Guangdong Nanhai County Sanshandao over acres of land was the warning sings of the villagers, intended for storage, commercial, residential, but there is still more than 5,000 acres so far idle land undeveloped. Yesterday, Guangdong Province National Land Agency v. Sanshandao decentralized village land case law the court of first instance court in Tianhe District, the villagers said that when the government of cheap land, the current soaring prices, the villagers lost their land Sanshandao life unsustainable.

19 years ago Sanshandao acres of land to be warning sings

Nanhai Sanshandao village Guo Jia and other partners introduced in March 1992, former South China Sea County one-time warning sings Hill District, with three acres of arable land 11522, has not been approved by the State Department filing, has not been approved by the Guangdong Provincial Government, land acquisition program is not perfect, there is no land acquisition agreement signed by the villagers, the villagers did not negotiate with the case of land compensation price of land, are not batch front-end.

2011 年 7 月 7, the Guangdong provincial government to identify the administrative reconsideration decision, March 21, 1992, commissioned by the former South County, South County Land Bureau, and the original town of Three Mountain Management Area Fengming management offices and three regional offices Chung Shan sources, the West River, Village, New Town, the Upper East, Yi Xi, Centre Street, Wo Yang village signed a “three mountains Fengming town zoning for the town warning sings of the land management agreement in principle” The agreement: Three Mountain Management Area into the county area for the three Hill District, the land under the jurisdiction of the implementation of unified planning and warning sings, according to the project needs to be reported in batches Chengpi use of land, 11,522 acres of land for the actual warning sings.

1992 October, November, former Nanhai Sanshan Port Economic Development Zone, respectively, with the signing of the village land acquisition agreement, and pay the young crops compensation, 15% of the land compensation, resettlement source of subsidy to the Bay, West River, Village, New Town, the Upper East, Yi Xi, Centre Street, Wo Yang village, the remaining 35%, 50% land compensation, resettlement subsidies respectively for two years, a period of five years limit borrowing to 13% per annum Sanshan Port Economic Development Zone.

prosecution: Province National Land Agency “piecemeal” One day approval of 5700 acres of land

2010 March, Guo Jia and other two partners Sanshandao villagers to apply for an open three acres of land near Mt charge approval. April 13, the Guangdong Provincial Department of Land and 19 provided approval. Guo found good partners, Guangdong Province National Land Agency in the December 30, 1997 to the 19 “suspects approved” consent of the original Hill County, the South China Sea port formalities of early land levy system to the same day, the same item several times for approval of the entire zero (19 to 500 acres are within), illegal land 5700 mu of cultivated land beyond the levy of the State Council for approval authority.

Subsequently, a lawsuit filed Guo good partner, in Guangdong Province National Land Agency to court. Guo good partner that Province National Land Agency approved a three day ride type of land acquisition approval (contains Guo Jia’s contracted partners), beyond the authority. Meanwhile, the local government did not timely implementation of land development capital investment on the overall fill, resulting in the lot of farmland were destroyed, changed the original farm land, so that the villagers can not be cultivated. And did not fulfill the “three charges” increased by 10% of compensation, nor 14 kg of rice per person per month cash compensation.

Guo Jia alleged partner, the National Land Agency to request the court to revoke the three provinces involved in the land of their contracted land approval and compensation per mu (mu Guo contracted involved more than) 4,000 yuan of economic losses every year , the claim period is 19 years since 1992.

trial focus

Province National Land Agency approved within 500 acres of land expropriation is illegal

Provincial Land Hall: April 25, 1992, the provincial government office to make a “land grant approval authority on the issue of reply” (Guangdong Office letter [1992] No. 195), the provincial government to grant approval of acquisition by the applicant (including transfer, transfer) 500 acres of farmland, 1000 mu non-cultivated land rights.

provincial government in the administrative review also claimed that the case involved approval of land 480.54 acres in the province of the National Land Agency is authorized to requisition of land within the jurisdiction, there is no case of ultra vires and illegal approval.

Guo good partners and lawyers: the 1988 “Land Management Law” stipulates that the state build more than 1,000 acres of cultivated land acquisition, more than 2,000 acres of other land by the State Council for approval. Expropriation of provinces, autonomous regions within the administrative area of ??1,000 acres of land, the provincial, autonomous regional people’s government for approval; 3 mu of cultivated land acquisition and other land mu below, approved by the county government, the right not to grant approval Province National Land Agency.

In addition, the State Land Administration [1997] land [to build] Zi No. 124 requires the local Government had violated the land management laws and regulations, various forms of decentralization of the land without the approval of the right, in the delegated power to approve the land during the authorized government (including the types of development zones) the approval of illegal land approval document shall be null and void.

five acres of land piecemeal approval is illegal

Province National Land Agency: the land involved in the South China Sea in 1992 by the City Commission for a levy on In December 1997, organized by the South China Sea, the bureau of land materials submitted for approval, after examination by the National Land Agency, Guangdong Province, in December 1997, according to the “South China Sea port city of three mountain land levy system go through the approval procedures for land” (Guangdong Lands [1997] No. 132). Therefore, the land involved in the approval process legitimate, correct, there is no unauthorized approval of the situation.

good partner and lawyer Guo: Province National Land Agency in the same day, several times the same project approval, split (19 to 500 acres are within) for illegal behavior “legalize” illegal batch to 5700 acres, of arable land beyond the levy of the State Council for approval authority.

land acquisition and compensation is in place

good partner and lawyer Guo: Sanshandao land acquisition, the government did not fulfill the “three charges” increased by 10% of compensation, has not fulfilled 14 kg of rice per person per month compensation. Warning sings of the land in accordance with an agreement that year, 13,600 yuan per mu of paddy fields, dry land 10,000 yuan per mu, fish pond, garden by 22,500 yuan per mu, woodland at 8,000 yuan per mu, compensation standards. In October 1992, 11, local government and the land of the village signed a land acquisition agreement, and pay the young crops compensation, 15% of the land compensation, the remaining 35%, 50% land compensation, resettlement subsidy, respectively two years, five-year limit to 13% per annum to lend to Sanshan Port Economic Development Zone. Guo partner Sanshandao good introduction villagers, when the villagers whose land and young crops per acre of land compensation only received 3,000 yuan, and the remaining compensation village has not been issued.

Province National Land Agency: the land involved in land compensation has been implemented. Land acquisition agreement signed, the three mountain Economic Development Zone and the end of 1992 to pay all the young crops compensation fee and resettlement fee, according to the March 1993 signing of the “three mountains land compensation, resettlement subsidy loan agreement,” Hong Kong has three mountain District town, the Woodland East neighborhood of 13% per annum (higher than the warning sings of the land agreement in principle in increments of 10% standard) loans to three mountain Economic Development Zone.

regard to the average of 14 kg of rice per person per month ration of food standards, food prices due to open up and operate, and the phasing out of the food rationing system, the provisions have not been implemented necessary.

return visit site

5000 acres of land abandoned village has no social security hard life

South Sanshandao and Panyu, Guangzhou and adjacent to the junction, surrounded by water and the surrounding dense water network in the midst of Guangzhou-Foshan metropolitan area in the center of Guangzhou and Foshan part of the Beltway are only two kilometers, the Wuhan-Guangzhou high-speed railway through the island and off, five minutes that is, to South Station in Guangzhou.

over Sanshandao villagers, warning sings of 1992 acres of land, nearly half have been developed since 2005, now has company in the warning sings on the ground with warehouses and factories, such as Pokka logistics, Watson Logistics, GLP and Kingway Brewery. They are built between 2005 and 2006, and now the warning sings of business to take up around 3,000 acres, there are still more than 5,000 acres of land abandoned. Southern reporter yesterday in Sanshandao see thousands of acres of land around the walls are surrounded with, the walls covered with weeds.

watch over the villagers, said: “In 1992, the Government of 200 yuan/mu leaseback to the villagers, the destruction of the water supply system, the villagers had no choice but to operate Fanzu bonsai, flower plantations, when income about 10,000 yuan/mu. By 2005, land designated as state government, the villagers’ plantations can only stop operating or moving.

no pension and social security, the villagers used to the hardship of arable land Sanshandao and village group meets monthly allowance $ 75 two or three thousand year-end bonus. weekday, some villagers to do security, to the factory doing odd jobs, all the thousand or so monthly income, no job and some village elders, only to pick up by the market and factory Lancai home cooking, good partner Guo a daily half past four, to market food stall, earning ten dollars a day just enough to eat.

“I am an honest arable farmers, are cultivated for decades to honest living. “Guo Jia said the partnership, local government comprehensive land of no good social security and pension protection, land acquisition and retention of the principle of” three fee “compensation, market prices are soaring, Guo Jia gang life can not afford a family of six.

written: Southern Sea Pengfei intern reporter James Yang Xin one

welcome comments I want to Comments

microblogging Recommended | hot today microblogging (edit: SN056)