Relevant departments of Manzhouli City have made a decision: For projects that have been built and under construction, after the overall land use plan is adjusted and revised, the land use procedures will be improved in accordance with the law. For unbuilt projects, construction will not be started and the status quo will be maintained; The Donghu District Management Committee was fined for agreeing to enterprise construction without authorization; the director of the Donghu District Management Committee who was primarily responsible was dismissed or demoted, and the director of the Donghu District Land and Resources Branch for poor supervision was dismissed.
Analysis: This case is a case of illegal land grant by the park management committee.
According to Article 44 of the "Land Management Law", the subject of approval of construction land is the people's government at or above the county level. In this case, the Administrative Committee of Donghu District, Manzhouli City does not have the subject qualifications to approve the use of land, and is a "unit without the right to approve the expropriation and use of land." The Donghu District Management Committee approved the construction of industrial projects on occupied land, which constituted illegal land granting.
According to Article 78 of the Land Management Law, the land illegally approved for use in this case should be recovered. If the party concerned refuses to return it, it will be punished as illegal occupation of land. Investigate the administrative or criminal liability of those responsible for illegal land granting. In this case, the Donghu District Management Committee’s decision to impose a fine for illegal land granting has no legal basis. In addition, in this case, after the overall land use plan was adjusted and revised, land use procedures were completed in accordance with the law, and unfinished projects were not allowed to be constructed. There was no legal basis for maintaining the status quo.