Reading guide:When the demolition party compulsorily demolishes the illegal building, it must have a law to follow, and must follow the procedures stipulated in laws, regulations and relevant policies. Otherwise, the person being demolished may file a lawsuit in accordance with the law, requesting confirmation that the demolition is illegal and then seeking compensation.
In recent years, in order to quickly complete the expropriation task, various demolition methods such as "dangerous" demolition and "violation" demolition have emerged one after another, which caught the people off guard.
Facts of the case:
The demolition was carried out without notice
A house owned by Yang in a city in Hunan Province was included in the scope of expropriation by the people of the city. The staff of the housing expropriation department had negotiated with Yang many times about compensation for expropriation, but no agreement had been reached, and Yang refused to sign the compensation agreement.
On July 19, 2019, without any warning, the demolition party organized a large number of people to carry out the forced demolition of Yang's house. After the house was demolished, Yang was notified. The demolition party claimed that the second floor of Yang's house was an illegal building, so it was demolished in accordance with the law. Due to the great potential safety hazards of the first-floor house after the demolition, it was decided to demolish the first-floor house after on-site research and judgment.
Hearing such a reply from the demolition party, Yang was very angry. Yang believes that even if his second floor is illegal, the demolition party cannot demolish it without saying a word. And why didn't he demolish it early or late, but he suddenly came to demolish the illegal building after he refused to sign the demolition agreement. This practice of the demolition party is obviously to demolish the entire house, deliberately turning the legal first floor into a dilapidated house when demolishing the illegal building. So Yang, who was full of anger, sued the demolition party in court with a complaint, asking the court to rule that the demolition party's demolition was illegal.
Forced demolition must go through legal procedures, otherwise it is illegal
During the trial, the demolition party said that the demolition of Yang's house was after demolishing the illegal construction on the second floor, and found that the house on the first floor had great hidden dangers, so it implemented measures to eliminate dangers. It is for the purpose of safeguarding the public interest and does not harm Yang's legitimate rights and interests.
In the face of the absurd argument of the demolition party, Yang's ** lawyer shot back:
According to the Administrative Coercion Act
Article 35.
Before an administrative organ makes an enforcement decision, it shall first urge the parties to perform their obligations in writing, and inform the parties of their rights to make statements and defenses.
Article 44.
Where illegal buildings, structures, facilities, and so forth need to be compulsorily demolished, the administrative organ shall make a public announcement, and the parties concerned shall demolish them within a set period of time. If the parties do not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and do not demolish it, the administrative unit may apply to the court and relevant competent departments for compulsory demolition in accordance with regulations.
In this case, the demolition party did not have a written notice or a formula procedure, let alone apply to the court for demolition, but organized the forced demolition by itself. Therefore, in the act of demolishing illegal buildings, there are serious procedural violations on the part of the demolition party.
According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 27.
The expropriation department shall not force the expropriated person to relocate by means of violence or forced eviction.
If Yang's house is within the scope of demolition, it shall be lawfully expropriated and compensated for Yang's house in accordance with the normal procedures for expropriation and demolition. And Yang's house is not a dangerous house, and there is no problem with the building structure and quality.
The reason why Yang's house became unrecognizable was caused by the illegal demolition behavior of the demolition party. The house was demolished without signing the compensation agreement. Later, it was identified as a dilapidated house and was forcibly demolishedThis is nothing more than creating conditions for demolition and relocation in the name of dilapidated houses.
In the end, the court upheld Yang's claim and confirmed that the demolition party's demolition was unlawful.
The lawyer reminds everyoneWhen the demolition party compulsorily demolishes the illegal building, it must have a law to follow, and must follow the procedures stipulated in laws, regulations and relevant policies. Otherwise, the person being demolished may file a lawsuit in accordance with the law, requesting confirmation that the demolition is illegal and then seeking compensation.