Construction has started on the "piece of land"
Due to a dispute over a piece of land, 10 police officers from Lixin County sued the Lixin County government. These 10 police officers stated that they had already paid the land transfer fees and obtained land use certificates. However, after many years, they unexpectedly discovered that the land they had originally collectively funded for its requisition had been reclaimed by the county government and was subsequently auctioned off.
A Litigation Request
Revoke the administrative action of reclaiming the land
On August 20th, the Qiaocheng District People's Court of Bozhou City held the first hearing for the administrative lawsuit filed by 10 police officers from Lixin County against the Lixin County government. Intense debates unfolded in court between both parties. The 10 police officers requested that the Lixin County government revoke the administrative action outlined in Document No. 36 of 2007 regarding the reclamation of state-owned land use rights.
On August 24th, the court held another hearing, but both sides remained at an impasse. The court did not announce a verdict during the session.
Chen Lin (a pseudonym) is one of the 10 police officers. "If there were no other options, no one would want to take this to court; we've endured too much frustration," Chen Lin said on the evening of August 30th. "We're filing the lawsuit to protect our legitimate rights and interests."
B Event Recap
"Certified" land reclaimed by the county government
Collective funds used to requisition land for police officer housing
"In 1997, many police officers didn't have a place to live, so we figured out a way to collectively fund the requisition of a piece of land," Chen Lin told reporters. Since the police station had no money, he and nine other police officers could only act under the name of the police station and jointly fund the procedures for land requisition.
In September 1997, the Lixin County People's Government approved the construction land requisition (soil supplement word (1997) No. 64), agreeing to sell a plot of land on the west side of Qingnian Road and the north side of Lixin Alley in Chengguan Town, Lixin County, to the Chengguan Police Station. On the approval document, the reason for land use was marked as "construction of police dormitories."
In January 1999, Chen Lin and others paid the land transfer fee, and in July of the same year, they applied to the Land and Resources Bureau for a land use certificate. After years of application, in June 2004, the Lixin County Land and Resources Bureau officially issued the land use certificate. The certificate indicated that the "Lixin County Public Security Bureau Chengguan Police Station" was the land user, with the purpose listed as office and accommodation.
According to Chen Lin, from land requisition to compensation and handling various other procedures, it cost more than 330,000 yuan in total.
Relevant departments did not approve construction
After receiving the land use certificate, Chen Lin and others thought they could finally apply for other construction permits and begin construction. Chen Lin reported that, however, from 2004 to 2005, despite multiple applications for construction, relevant departments did not approve them.
Chen Lin further explained that, in fact, in 2005, the county Construction Committee had held a coordination meeting requiring buildings of three floors or more to be constructed along both sides of the urban roads, including the area around "the west side of Qingnian Road and the north side of Lixin Alley in Chengguan Town."
Public welfare land turned into commercial land
From 2006 to 2007, the leaders of the County Public Security Bureau had multiple conversations with Chen Lin and others. "The leader said this land would be used to build a grand theater as public welfare land and hoped we could prioritize the bigger picture," Chen Lin said. He and several others believed they should focus on the overall situation and thus agreed with the leadership's opinion.
"But I said the land transfer fees should be refunded to us," another police officer surnamed Sun said. But until now, none of them have received any refund.
Around May 2010, Chen Lin and others discovered that the land they had paid for was being used by a developer for commercial housing development. When they consulted the developer, the latter said that the county government had held a hanging sign auction, and they had legally obtained the land through proper procedures.
Subsequently, Chen Lin repeatedly visited the county government, Construction Committee, and Land and Resources Bureau regarding the issue of changing the land’s purpose, but nothing was resolved.
C Debate Focus
Plaintiff vs Defendant
Intense debate
According to Chen Lin, before suing the county government in court, they also hoped to negotiate a resolution to the problem. "At the very least, they should refund our money and properly compensate us," Chen Lin said. However, the county government ignored their requests.
During two hearings, the plaintiff and defendant engaged in intense debate, focusing on two main points of contention. First, the defendant argued that the 10 police officers do not possess the legal standing as plaintiffs because the land user unit was the Chengguan Police Station. Second, the defendant claimed that the land was allocated, and the government had the right to reclaim it.
Regarding these two points of contention, Wang Yan, the lawyer for the plaintiff, told reporters that the 10 police officers had a legal stake in the matter, thus qualifying them as plaintiffs. Moreover, allocated land should be obtained free of charge, but the 10 police officers had already collectively raised and paid the land transfer fee, making the land a transferred land. Therefore, the government does not have the authority to arbitrarily reclaim it.
D Reporter Investigation
All related departments remain silent
That piece of land is under construction
At noon on August 31st, the reporter went to the land mentioned by Chen Lin. Steel bars and cement were scattered all over the ground, part of the land had already been prepared for foundation work, and workers were busy constructing. A short distance away, some concrete and steel structures were beginning to take shape.
The reporter then went to the sales office at the construction site and asked if there were any houses available for purchase under the guise of a potential buyer. A staff member told the reporter that all the houses had been sold.
When the reporter revealed his identity, the staff member immediately corrected himself, saying that since they hadn’t obtained the pre-sale permit, they had lied about the houses being sold out.
At the administrative service hall's Construction Committee window, the reporter consulted a staff member about the project's details concerning the development of the land. "Some documents are still being processed," the staff member said.
All relevant departments maintained silence
Since the land transfer fee had already been paid, and the Land and Resources Bureau had issued the land use certificate, what exactly was the nature of "the land on the west side of Qingnian Road and the north side of Lixin Alley in Chengguan Town"? If it truly transitioned from public welfare land to commercial development land as Chen Lin claimed, what caused this transformation? With these questions, the reporter went to the Lixin County government and other relevant departments.
At approximately 3 PM on August 31st, the reporter first went to the Lixin County Construction Committee. After knocking on several office doors without response, the reporter found a staff member in an office on the second floor. When the reporter explained the purpose of the visit, the staff member directed the reporter to consult at the administrative service hall.
At the administrative service hall, a staff member surnamed Wu said he was unaware of these issues, stating, "I'm only responsible for processing documents submitted by others; I don't know anything else and can't comment."
At the Lixin County Land and Resources Bureau, when the reporter briefly explained the situation, an office director surnamed Li said that according to regulations, they couldn't give interviews. "For interviews, contact the Propaganda Department and let them arrange it."
The reporter then went to the Lixin County Propaganda Department, where a news office official surnamed Li informed the reporter that "these situations need to wait for the judgment results before they can be disclosed."
Finally, the reporter went to the Lixin County government office. After explaining the purpose of the visit, a security guard said that a notification was needed. After waiting for a period, the reporter met a staff member in the office. When the reporter again explained the situation and purpose, the staff member quickly claimed ignorance of the matter.
Reported by Yao Qinglin (text/photo)