The construction drawings for the reconstruction of a building by the Fumin No. 1 Supply and Marketing Cooperative were different from the approved ones, with an increase in the number of floors and a significant expansion in area. The actions of the cooperative have drawn complaints from neighboring residents, who sued the Fumin County Housing and Urban-Rural Development and Planning Bureau (formerly the Fumin County Urban and Rural Construction Bureau) and the cooperative, demanding that the defendants fulfill their legal responsibilities and order the demolition of the illegal comprehensive building within a specified period.
On July 2007, Fumin Xingfa Trading Co., Ltd. (formerly the Yongding Supply and Marketing Cooperative of Fumin County) posted a notice to demolish and rebuild the original building into a comprehensive building. On August 28 of the same year, the Yongding Supply and Marketing Cooperative began demolishing the old houses. Neighboring residents reported this to the Fumin County Construction Bureau, which, after an on-site inspection, found that the construction drawings used by the Yongding Supply and Marketing Cooperative were different from the originally approved ones. Subsequently, a "Stop Construction Notice" was issued. After receiving the stop-work notice, the Yongding Supply and Marketing Cooperative stopped construction immediately. Following this, the cooperative repeatedly coordinated with relevant departments to resume construction as soon as possible. When the Yongding Supply and Marketing Cooperative resumed construction again, it was stopped by the neighboring residents, but the cooperative forcibly completed the comprehensive building.
The new comprehensive building was constructed adjacent to several residents' kitchens. House No. 19 on Yongding Street, located south of the comprehensive building, was the most severely affected. The first-floor kitchen facing the road to the north, which originally received direct sunlight at noon, now receives no light at all. As one climbs the stairs, the hallway remains pitch black. The side of the new building of the Yongding Supply and Marketing Cooperative is tightly squeezed against the front of the residential houses, leaving only a "sliver of sky." Consequently, the residents believed that the Construction Bureau was "non-actionable," and sued the Fumin County Urban and Rural Construction Bureau, requesting the court to order the defendant to perform its legal duties, forcibly demolish the illegally constructed comprehensive building of the Yongding Supply and Marketing Cooperative, and compensate 50,000 yuan. The cooperative appeared in court as a third party.
After investigation, the trial court found that the construction drawings used by the cooperative were indeed inconsistent with the approved ones, completely altering the architectural structure. The number of floors increased from three to six, and the area was also modified.
The court ruled that the Fumin County Construction Bureau had investigated the illegal construction behavior of the Yongding Supply and Marketing Cooperative during administrative management, delivered a stop-work notice, and imposed a fine before the plaintiff filed the lawsuit. Therefore, there was no situation of "administrative non-action." Although the Yongding Supply and Marketing Cooperative used unapproved drawings without the consent of the Fumin County Construction Bureau, increasing the number of floors and the building area of the comprehensive building, resulting in disputes and losses related to adjacent rights, these issues could be resolved through other channels and were not within the scope of this case's review. Given the reality that "demolition within a specified period for illegal buildings is not feasible," the Fumin County Construction Bureau opted for administrative penalties through fines, which falls within the discretionary range of administrative agencies. Thus, the first-instance court made a judgment: dismissing the plaintiff's claims.
After the first-instance verdict, the residents appealed to the Kunming Intermediate People's Court. In the second instance, the Kunming Intermediate People's Court ruled that according to the findings of the Fumin County Urban and Rural Construction Bureau, the cooperative did indeed engage in illegal construction during the construction of the comprehensive building. Although the bureau issued a stop-work notice and administered administrative penalties, the illegal acts were not corrected in fact, constituting "administrative non-action." While the facts were clearly identified by the first-instance court, the application of laws and regulations was incorrect and should be legally overturned. Accordingly, the second-instance court revoked the judgment of the first-instance court and ordered the Fumin County Urban and Rural Construction Bureau to fulfill its legal responsibilities regarding the illegal construction behavior of the cooperative in this case.
By reporter Lei Qing (Kunming Daily).