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Sanshui district court of second instance will lose a trial public hearing on Thursday
(Reporter Liu Yi Ming) Sanshui a public Zou village leased land and built a factory dormitory rent, but a year after being identified as illegal building demolitions. Such behavior Is there a legal basis for the removal? When planning department found unlawful, whether you want to inform the parties? With these doubts,http://szbbs.sznews.com/home.php?mod=spacecp&ac=blog&blogid=, Ms. Zou paper petition Urban Planning Bureau to court.
Reporters learned yesterday, the Court of First Instance ruling Zou recently lost, the second trial to trial on Thursday.
Event:
Lease land to build plant rental demolitions
According to the plaintiff Ms. Zou introduced her in 2007 and Sanshui Leping Leping Town Committee Celastrus group of villagers signed a "land lease contract,http://61.139.77.24/bbs/forum.php?mod=viewthread&tid=340084," the village land lease name "xiatangji tail" of 2.8 acres of land for start a business. Since then, Ms. Zou built on the leased land of 1868 square meters of factory buildings and dormitories for rent,Louboutin Pas cher,http://115.47.16.167:8080/forum.php?mod=viewthread&tid=201973&fromuid=14607, and in November 1,http://www.idbren.com/thread-8926478-1-1.html, 2007 completed and put into use.
But a year later, the plant and quarters were forcibly removed Leping village. After consultation with the village failed, Ms. Zou paper petition in December 2008 Leping village court to require the plaintiff Leping village lost more than 680,000 yuan compensation.
"Until after the trial,Louboutin Bottines, I know why my house demolished." Zou said last July 30,Louboutin Plates-forme, in the case of the second trial, the court presented Miss Xiang Zou Leping Leping village and town government signed " power of attorney "and Foshan City Planning Board" illegal construction certificate "two materials, Leping village it is based on these two materials will be Ms. Zou factory and dormitory demolished.
Subsequently, Ms. Zou made to the Planning Board, "illegal construction certificate" illegal, Lingan the City Planning Bureau to court, ask the court to revoke identified.
Focus of controversy
With the old law or the new law?
Ms. Zou believes she Leping village lease 2.8 acres of land and the construction of the land at the time was in January 2007 to November, and the time, "Town and Country Planning Law" is to begin January 1, 2008, so that the project can not be application of the Act.
Do you want to inform the parties?
"Urban Planning Law" does not apply to belong to the township level, the identification of illegal construction,http://www.healthcarehall.com/viewnews-44067.shtml, so the Planning Board finds that the plaintiff is illegal factory building and dormitory building with the provisions of "Town and Country Planning Act," Article 40, and unable to take corrective measures to eliminate the impact of the applicable law is wrong. Meanwhile,Louboutin Botte,http://www.webtop.co.nz/forum.php?mod=viewthread&tid=805696, the Planning Board's "illegal construction certificate" program illegal, does not have the force of law, because it has not served to Ms. Zou Confirmation.
The court finds that:
Planning Board rejected Ms. Zou request without undue
Sanshui district court that Ms. Zou without approval for construction in urban planning area, the construction in violation of the relevant provisions of "Town and Country Planning Act",Louboutin Mariage, the Planning Board accordingly "illegal construction found" inappropriate.
The Court noted that the building belongs to Ms. Zou built without the approval of illegal construction, and the continued existence of their illegal status,http://www.365kl.net/home.php?mod=spacecp&ac=blog&blogid=, the Planning Board finds that there is nothing wrong were punished under the law is being implemented. Planning Bureau Undeliverable Miss Xiang Zou "illegal construction that", which involves only a matter of time for Ms. Zou found to produce legal effects, does not constitute a violation of procedure.
The court also said that Ms. Zou construction practices in this case belongs to the illegal construction, even though there are other equally illegal construction,http://szbbs.sznews.com/home.php?mod=spacecp&ac=blog&blogid=, but also within the scope of the Planning Board handled separately, and therefore does not affect the legality of Litigation identified, and therefore advocate Ms. Zou Planning Bureau insufficient basis for its denial.
Accordingly, the court dismissed the claims of Ms. Zou's. Ms. Zou refused to accept this decision, Foshan Intermediate People's Court has filed an appeal, the case will be Thursday hearing. |
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發表於 2015-4-30 23:16:14
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