(2016) Henan No. 15 Xingchu 39
Plaintiff against the Erli Village Villagers Group of Tinghuaiqiao Community, Longhu Office, Xi County.
Representatives are Niu Guangyou, Duan Dehua, and Niu Guangyi.
The defendant is the People's Government of Xi County.
The entrusted agent is Zhang Tao, a legal worker at Xixian 148 Legal Service Office.
Legal agent Zhao Junfeng, county magistrate.
The entrusted agent is Zhang Jun, a staff member of Longhu Office in Xixian County.
The authorized agent is XX Gang, a lawyer at Henan Tongxin Law Firm.
The Plaintiff Xi County Longhu Office Tinghuaiqiao Community Erli Village Villagers Group requested to confirm that the Defendant Xi County Government’s expropriation of 294.2 acres of the Plaintiff’s land on November 17, 2006 was illegal. On March 10, 2016, the Plaintiff reported to This court filed a lawsuit. This court accepted the case on April 5, 2016, and served a copy of the complaint and a notice of response to the defendant on April 8. This court formed a collegial panel in accordance with the law and held a public hearing on July 14. The plaintiff's litigation representatives Niu Guangyou, Duan Dehua, Niu Guangyi and the authorized agent Zhang Tao, and the defendant's authorized agents Zhang Jun and xx had just arrived in court to participate in the lawsuit. The trial has now ended.
The plaintiff claimed that on November 17, 2006, the defendant Xi County Government expropriated and developed the land No. 294.2 of the plaintiff village group, and the compensation price was 23,000 yuan per mu. At that time, it promised to give the plaintiff village group over 55 years old Villagers are provided with subsistence allowances, natural gas facilities are delivered to each household, the Second Ring Road is widened and renovated, every two people are provided with a front room, and state-owned land use certificates and real estate certificates are provided free of charge. Later, the defendant transferred the land to Xiqiao Real Estate Co., Ltd. for real estate development, and 42 buildings have been built. Now the development and construction is about to be completed, but the defendant has not fulfilled its promise. The plaintiff villagers have complained to relevant departments, but have not been resolved. The plaintiff sued to confirm that the defendant's expropriation of the plaintiff's village group's land was illegal. The plaintiff submitted the following evidence: *** six photos of the 42 buildings currently constructed on the plaintiff's land to prove the current status of the land. 2. A reply on the land expropriation situation in Erli Village to prove the expropriation of 38 acres of the plaintiff’s homestead and 14 acres of land on the west side of the reservoir. (③ The letter of commitment from Yibiao Real Estate Company, proving that the plaintiff will complete the construction approval procedures within 12 months. ④ The civil judgment of the Xi County People's Court, proving the land acquisition situation, the signature of the tenant, and the nine items are clear. ⑤ The land acquisition contract, The land acquisition contract bears the seal of the suburban township government and the signature of the township chief to prove that the defendant has not fulfilled its promise.
The defendant argued that the defendant’s land acquisition was legal and the compensation for land resettlement and attachments on the ground was included. It has been paid to the plaintiff villagers; the plaintiff's lawsuit has exceeded the statutory time limit, and the defendant submitted the following evidence: Yu Zheng Tu (2013) No. 76; ② Yu Xin Zheng Tu (2013) No. 87; ③ Xixian County People's Government. "Agreement on the Construction of Xixian Yiqiao Real Estate Co., Ltd." signed with Henan Yiqiao Real Estate Co., Ltd.; ④ "Agreement on the Construction of Xixian Yiqiao Real Estate Co., Ltd." signed with Henan Yiqiao Real Estate Co., Ltd. "Agreement of the Real Estate Co., Ltd.", "Agreement on the Construction of the East Section of Qiaolou Street" signed by a Qiao Real Estate Co., Ltd. of Henan Province; ④ "Land Acquisition Contract" (the plaintiff's evidence in the civil litigation); ⑤ Xi'an The municipal land bureau’s administrative penalty decision; ⑥ the penalty and confiscation note. The above evidence proves that the land was not approved for construction and the penalty has been issued; ⑧ the plaintiff’s petition materials; ⑨ the petition documents and opinions. In the civil lawsuit, it was claimed that the land area was 214 acres, but the actual land area was 294.2 acres. The defendant occupied 193.815 acres, and the plaintiff paid compensation.
After cross-examination at trial, the plaintiff had no objection to the authenticity of the evidence ① submitted by the defendant. The defendant has objections to the proving purpose of evidence ⑧; the defendant has objections to the relevance of evidence ① submitted by the plaintiff; and has objections to the authenticity of evidence ⑤. This court believes that the evidence ①-④ submitted by the defendant is consistent with the evidence submitted by the plaintiff. Evidence ①-④ can be used as the basis for determining the facts of the case.
After trial, it was found that on July 6, 2006, the defendant Xi County Government and Henan Province Qiaoqiao Real Estate Co., Ltd. signed the "About Biaoqiao Street". "Eastern Section Road Construction Agreement", on the condition that a certain bridge company is responsible for investing in the new 1,450-meter road (including 120 meters of bridges) and ancillary facilities in the eastern section of Biaoqiao Street, the defendant provided 200 acres of state-owned land to a certain bridge company for development and construction.
In November of the same year, the project of a certain bridge company was basically completed. The original township government of Shexian County signed a land acquisition contract with the plaintiff villagers, acquiring the land at a price of 23,000 yuan per mu and delivering it to a certain bridge company. In November 2007, a certain bridge company carried out real estate Development and construction. On January 6, 2010, the Xixian County Land and Resources Bureau imposed administrative penalties on a bridge company for starting construction without authorization. After the land was completed, on January 20, 2013, the Henan Provincial People's Government issued an administrative penalty to Henan Province Land and Resources [2013] 76 The "Reply on the First Batch of Land Acquisition for Urban Construction in Xixian County in 2012" approved the land as urban construction land.
The court held that Article 41 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Implementation of the "People's Republic of China and State Administrative Procedure Law" stipulates that "when administrative agencies make specific administrative actions, they do not notify If the citizen, legal person or other organization knows or should know the right to sue or the time limit for prosecution, the time limit for prosecution shall be calculated from the date the citizen, legal person or other organization knows or should know the right to sue or the time limit for prosecution, but it shall not exceed 2 years from the date the citizen, legal person or other organization knows or should know the content of the specific administrative act." In November 2006, the former Chengjiao Township Government of Xi'an signed a land acquisition contract with the plaintiff villagers, and paid a compensation of 23,000 yuan per mu to the plaintiff, which the plaintiff recognized in court. It can be concluded that the plaintiff was aware of the content of the administrative action at that time, and it filed the lawsuit on March 10, 2016, which exceeded the statutory time limit. In accordance with the provisions of Article 3, Item 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Administrative Litigation Law of the People's Republic of China", the ruling is as follows:
The plaintiff's claim against the Longhu District Office of Xixian County was dismissed. Prosecution by the Erlizhuang Villagers Group of Qiao Community.
The case acceptance fee of 50 yuan in this case shall be borne by the plaintiff village group.
If you are dissatisfied with this judgment, you can submit an appeal to this court within ten days from the date of delivery of the judgment, and submit copies according to the number of opposing parties, and appeal to the Henan Provincial Higher People's Court.