Source: China Land and Resources News Network, Author: Wang Weizhou
Brief introduction of the case:
The Reply of Anhui Provincial People's Government on the Fifth Batch of Urban Construction Land in Shexian County in 2009 [200993 1No.], the approved land acquisition scope includes cultivated land contracted by Jin xx, which is recognized as basic farmland. The Anhui Provincial Government exceeded its examination and approval authority, and after administrative reconsideration by the people's government at the original level of Anhui Province, it applied to the State Council for a final ruling.
Test results:
The State Council Legislative Affairs Office believes that according to the overall land use planning, the land involved belongs to basic farmland. Although Shexian reduced the basic farmland by making the plan of the basic farmland protection area, it did not modify the overall land use plan. The expropriated land should belong to basic farmland, and it is obviously improper for the respondent to approve the expropriation as general farmland. Therefore, the ruling is as follows: it is confirmed that the reply of Anhui Provincial People's Government [200993 1No.] is illegal.
Lawyer analysis:
According to Article 45 of the Land Management Law, the requisition of basic farmland should be approved by the State Council, and the Anhui Provincial People's Government obviously has no power of examination and approval. Basic farmland belongs to cultivated land that cannot be built within a certain period determined by the overall land use planning, and the confirmation of basic farmland must be based on the overall land use planning. Involving the expropriation of basic farmland, it shall be approved by the overall land use planning of the State Council, and reported to the original authority that approved the overall land use planning for approval.
The legal adviser of our unit. Lawyer Wang Weizhou.