How can the demolition of a house be so arbitrary, and how can a notice omit the legal procedure?

Mondo Social Updated on 2024-01-29

1. Cause of the incident.

Just give me 5 days to move everything from my house, and I demolished my house without agreeing to the street office, and I didn't even leave a way to live!Liu, who lives in Pingdingshan City, Henan Province, is in great pain, and the home on which he depends for survival has been demolished, and the family can only live on the streets. It turned out that Pingdingshan City was undergoing the renovation of the old city, and in 2021, the street where Liu's house was located was included in the scope of renovation as a whole. The renovation of the old city is the wish of all citizens, and Liu is certainly no exception. However, Liu found that the standard of the sub-district office when formulating the resettlement compensation plan was extremely low, and there were many unreasonable places in the plan. As a result, Liu and the sub-district office negotiated many times on resettlement compensation, but the results were always unsatisfactory, so Liu refused to sign the compensation and resettlement agreement.

Demolition of houses.

2. Facts of the case.

When the villagers' houses were forcibly demolished, they only needed a notice from the street office.

On October 27, 2021, Liu's husband received a "notice" issued by the sub-district office. In the notice, Liu was informed in an ordered tone that in order to complete the construction of the old city reconstruction project as soon as possible, it was necessary to speed up the construction progress, and Liu's house must be demolished, and Liu's family was required to empty all items in the house and move out within a five-day period after receiving the notice.

Liu felt very speechless after seeing this "Notice", why did the street office ask us to move out, and even if we had to move out, how could five days be used?Liu's husband was worried that if he didn't do the street office, he would directly forcibly demolish the house, so he persuaded Liu to inquire about the situation. But Liu didn't believe that the street office could demolish his house with just one notice, so he didn't follow her husband's advice and didn't care about it anymore.

Half a month later, a major event completely changed the trajectory of Liu's life. On November 13, Liu was cleaning at home as usual, when he suddenly heard a noisy sound at the door accompanied by the roar of the machine. When Liu went out, he saw that dozens of people had surrounded his house, led by the staff of the street office. These people couldn't help but say that they had put Liu's family out of the house, and a few hours later, the originally good house had become a ruin.

Demolition of houses.

Seeing this scene, Liu roared and angrily scolded the street office for not leaving him a way to live. However, the street office ignored it and walked away. Liu and her husband both believe that this matter must be investigated to the end, otherwise how to protect their rights and interests.

Three, according to ***

Legal procedures cannot be violated, and the public interest is never a reason for violating the law.

After this egregious forced demolition occurred, many people also persuaded Liu. Liu listened to a lot of opinions and understood that professional people do professional things, so he came to Beijing Zaiming Law Firm to ask for help. After analyzing the facts of the case, lawyer Zheng believed that the sub-district office did not reach an agreement with Liu during the expropriation process, but forcibly demolished Liu's house, which was itself an illegal act, so he filed a lawsuit with Liu and Liu.

During the trial, the neighborhood office held that the demolition was necessary for the public interest. Because Liu's house has been built for a long time and has a low degree of environmental support, it belongs to the old city building, and the renovation of the old city is also conducive to improving the quality of life and living environment of residents in the area. Moreover, after the community neighborhood committee organized more than two-thirds of the residents' representatives to study and discuss, they unanimously agreed to renovate the urban village.

Demolition of houses.

Since the project has been promoted in 2007, involving a total of 630 expropriated households, 549 have signed agreements, and the signing rate has reached 87, but Liu refused to cooperate, which had a serious impact on the overall situation of the renovation project. But Liu still refused to move out, and the sub-district office carried out a forced demolition of the house.

Lawyer Zheng Linlin said that the sub-district office forcibly demolished the house involved in the case without signing a resettlement compensation agreement and without his consent, which seriously violated the principle of "compensation before relocation". Second, the neighborhood office forcibly demolished Liu's house, which is an administrative compulsory enforcement act and should comply with the provisions of the Administrative Coercion Law, but the neighborhood office did not make an administrative decision, did not make a written reminder to perform, did not make an enforcement decision, and did not give Liu a reasonable relief method and time limit, which violated the provisions of Articles 34, 35, 36, 37, and 38 of the Administrative Coercion Law of the People's Republic of China, so the forced demolition of Liu's house by the Street Office was seriously illegal. In the end, after the trial of the court, the court ruled that the street office would be forced to demolish it.

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