Villagers3-year dilemma in safeguarding their rights and interests caused by frequent blasting in gravel yards

 Villagers3-year dilemma in safeguarding their rights and interests caused by frequent blasting in gravel yards

For nearly four years, cracked houses have not been repaired or repaired. More than 100 villagers have no place to go, either by borrowing relatives and friends or by working away from home. They have to live in dangerous houses with cracked walls and foundations and live in terror.

This is Dachong Village and Luwei Community of Juren Street Office, Nayong County, Bijie City, Guizhou Province. The damaged houses include six resettlement houses built by the local government besides self-built houses. Villagers allege that the cracking of the house was due to blasting and quarrying in a nearby gravel factory without controlling the amount of explosives.

As the entrusted third-party inspection institution, Nanjing Geological Engineering Investigation Institute and Jiangxi Provincial Investigation and Design Institute have twice identified that the cracks and damages of houses in this area were caused by excavation blasting of sand and gravel factories.

But this appraisal result is not recognized by the gravel factory. It also sued the Jiangxi Research Institute of Survey and Design to the court. After three years of delay, the villagers lost their right to compensation for damaged houses and fell into a deadlock again.

The picture shows Yang Bo, a villager in Luwei community, sitting in his original room, which is now uninhabitable because of cracks in the walls.

Cracked by Earthquake in Hundred Houses in Villages

The sand and stone factories involved are surrounded by several groups of villagers, surrounded by Chongdi Group, Linjiazhai Group and Luwei Community of Dachong Village, Juren Street Office, Nayong County.

More than 100 villagers live in Dachong village and Luwei community, more than 10 kilometers away from the county town. Local villages need to cultivate land and do part-time work democratically.

The two villages are high, and the corner of the village is the gravel factory. The sandstone factory is named Guizhou Anju Industrial Co., Ltd. According to the information of Tian Eye Check, the company was registered on March 22, 2013. After blasting the rocks of the mountain body with explosives, the stone was broken into sand or sold. On January 22, 2019, Guizhou Anju Industrial Co., Ltd. (Sandstone Factory) was enforced by Nayong County Peoples Court for failing to fulfill its legal obligations on time. So far, the sandstone factory has been completely shut down.

The gravel works have been shut down, but the impact of blasting has not been eliminated.

Local villagers recall that the construction of the sand and stone factory started in 2014, and the early quarrying also used blasting method, but the dynamic and static is not very big, and everyone did not feel affected. However, since 2016, sand and stone factories have fired and blasted mountains and quarries frequently, and the sound is much louder than before. The residents around the factory can obviously hear the sound of the window shaking. Since then, the houses in the village have gradually cracked.

It was all blasted by the gravel mill. Li Longxiang, a villager, told the Beijing News that from the beginning of 2016, blasting operations were frequent in the gravel factory. Until August, he saw cracks in his house. Later, with the blasting work of the gravel factory, cracks became bigger and bigger, and more and more.

There are dozens of villagers living along the northwest road of the sandstone factory. The walls, floors and ceilings of the houses all crack in varying degrees.

Jiang Xu, a villager, remembers an artillery fire in 2016, when he was taking a nap. Just listening to a loud bang scared me into an earthquake, jumping out of bed and running to the top of the building.

I really thought it was an earthquake. Villager Jiang Yuanjun recalled that after several blasts, the ceiling of Jiang Yuanjuns house gradually cracked until water leaked.

Li Longxiangs next-door neighbours house cracked in a large area after August 2016. Because the house cracked seriously and was unable to live, the neighbour had gone out to work.

On August 3, Li Longxiang took a reporter from the Beijing News to his neighbours house for a look. There was a crack about 5 meters long and 4 centimeters wide where the outer wall met the hardened ground. The depth of the crack could be seen as the cornerstone and the arch of the crack. There are also cracks about 3 cm wide at the junction of the inner wall and the ground. The lime of the wall falls off seriously and the wall cracks because of seepage, and the wall becomes yellow.

Just as Jiang Yuanjun and Li Longxiangs houses were damaged, there were dozens of villagers in Luwei community, such as Ren Yan and Yang Bo. Some houses were cracked, which seriously affected their living conditions.

The more guns are fired, the more obvious the cracks are. At last, the roof of the house cracks and the water on the roof leaks into the room, Jiang Yuanjun told the Beijing News. When they found the cracks in the house, they found the gravel factory. The gravel factory asked us to go to the government, but after they found the government, they never found it. One result.

_Villager Lin Huayongs wall cracked seriously, because the responsibility and compensation were not in place, he had to move into the resettlement house, did not expect the resettlement house also cracked.

Cracks were found in all six resettlement houses

August is the local rainy season. This is also the most scary time for villagers in Dachong Village and Luwei Community.

As long as it rains, it will inevitably leak and dare not live in the house. The houses with deformed walls are even more dangerous, so they are afraid of falling down and hitting people. Jiang Yuangui, a villager, told reporters that after some villagershouses were damaged, they could only go to the homes of relatives who were safe in the rainy season or find safe shelters outside.

The damage is not only the self-built houses of villagers, but also the six resettlement houses about 500 meters away from the gravel factory. There are also cracks of different sizes.

The damaged resettlement house is Dachong Resettlement Site of Juren Street, a poverty alleviation and ecological migration project in Nayong County in 2014. It is located in Luwei Community, less than 30 meters away from Li Longxiangs home. There are 6 resettlement houses, each with 6 floors and 18 units.

Jiang Xu, a resident of the resettlement house, told reporters that he moved in before 2016. At first, there were no cracks in the wall of the resettlement house. With the blasting operation of the gravel factory, cracks began to appear in the wall.

_Luwei community villagers Li Longxiangs next-door neighbours house cracked in a large area. There is a crack about 5 meters long and 4 centimeters wide where the hardened ground meets each other.

According to an agreement offered by Jiang Xu, Jiang Xu signed an agreement with Juren Street Office of Nayong County on August 21, 2014, and soon lived in a resettlement house. At that time, the sand and stone factory was in production. From 2014 to 2017, the blasting of the sand and stone factory became more and more dynamic. Later, it was found that the resettlement house also cracked.

On the afternoon of August 4, a reporter from the Beijing News inspected the resettlement house and found that cracks of different degrees and sizes appeared in almost every column. In the three houses nearest to the gravel factory, there are many cracks at the junction between the wall and the ground, some of which even have a crack width of 5 cm.

Lin Huayong moved to a resettlement house because of a large area of cracks in the old house, but he did not expect that he would continue to be shrouded in the fear of cracks in the house.

For Lin Dengju, who lives alone, he wanted to apply for housing through the local government, but because the walls of the housing also cracked and there was no water, he had to choose to continue living in the old houses which were not electrified and damaged.

Chen Lin, Secretary of the Party and Labor Committee of Juren Street Office, introduced that the resettlement house was completed through acceptance and was qualified before anyone entered it. However, the specific reasons for the cracking of the house were unknown.

_The ceiling of a villagers home in Dachong Village was shattered and water was fetched in a basin every rainy day.

Both appraisals are related to blasting.

Villagers found that the collective housing cracks occurred after 2016, until the end of 2018 when the sandworks stopped blasting.

Li Longxiang recalled that in more than three years, villagers had carried out more than 20 actions to safeguard their rights, and even impulsively blocked the gate of the gravel factory.

In order to clarify the causes and responsibilities of house cracking and damage, the local government, villagers and gravel factories have twice invited third-party inspection and appraisal agencies to the scene for investigation and appraisal.

The first appraisal started on October 14, 2016. An investigation team consisted of representatives of Nanjing Geological Engineering Investigation Institute, Nayong County Land and Resources Bureau, villagers and Guizhou Anju Industrial Co., Ltd. of Shashichang. A total of 71 houses in 63 families were investigated on the spot. The appraisal results showed that some houses were damaged, cracked and blasted by the sandworks. Stone is related.

Although it was found that the damage of houses was related to blasting, most villagers disapproved of the appraisal report because they did not have the appraisal results of nearly 100 damaged houses, such as Li Longxiang and Lin Huayong.

When the staff of Nanjing Geological and Engineering Investigation Institute came to inspect, they did not go door-to-door to inspect, nor were they transparent. Li Longxiang recalls that this is why most villagers questioned the results of the appraisal.

Later, the villagers concentrated on the Juren Street Office to reflect the situation. Therefore, on December 16, 2017, the Juren Street Office promised the villagers that the appraisal unit should be entrusted by the land disaster department to intervene in the appraisal within 15 days; the appraisal result should be sent out within 20 days to arrange for the gravel factory to start the claim settlement; and during the appraisal period, if the owner of the gravel factory fled, the office promised to recover the housing claim funds.

A week later, Juren Street Office made another commitment to identify and assist villagers in obtaining compensation, and formed written language, stamped and retained.

On January 12, 2018, the main leaders of Nayong County went to the site of the incident to investigate, and entered the home of the villagers Jiang Yuanjun to check the situation.

Jiang Yuanjun described that after knowing the general situation, the leader asked the relevant departments to do a good job.

However, a few months later, the cracking of the house has not been solved. Villagers once again responded to the Juren Street Office.

In March 2018, after coordinating the sand and stone factory, villagers and the former Nayong County Land Bureau, Juren Street agreed to re-appraise the villagershouses questioned by the Jiangxi Research and Design Institute for the first appraisal, and the three parties signed a commission test agreement.

In May 2019, the villagers received the appraisal report. The appraisal report shows that the main reason for the cracking of 47 and 65 houses commissioned to inspect is the impact of excavation blasting in sand and gravel factories.

_Luwei Community, a village wall cracked and seeped because of blasting.

Sandstone Factory Prosecution and Appraisal Unit

The Geological Disaster Analysis and Demonstration Map of Dachongcun Chongdi Formation, Linjiazhai Formation and Luwei Community Tomb Formation of Juren Street Office, Nayong County, Guizhou Province, issued by Jiangxi Research and Design Institute, shows that within the scope of its detection, the resettlement house is within the allowable safe distance limit of blasting vibration (blasting source and personnel and other protection). Safety distance between protected objects is called blasting safety distance range, which belongs to the target of detecting gun damage.

On August 5, Li Cong, Minister of Armed Forces of Juren Street Office, said in an interview with reporters of the Beijing News that after the second appraisal results came out, the sandstone factory questioned the appraisal results and brought the Jiangxi Research Institute of Survey and Design to the court. The Peoples Court of Qixingguan District of Bijie City has filed a case. Consequently, the provisions promising villagers have been put on hold.

Li Cong said that during the negotiations between villagers and gravel factories, the Juren Street Office also coordinated many times to let the gravel factories and villagers sit down and mediate, spend a little money, repair what can be repaired, and compensate what can not be repaired.

From the legal point of view, the prosecution of sand and gravel factories will take a long time and the people can not wait, said Li Cong, who failed to coordinate after many times of work in the sand and gravel factories.

Li Cong believed that during the courts acceptance of the case of the sandstone factory suing Jiangxi Research Institute of Survey and Design, the common people can only wait under the condition of ensuring safety.

Peng Sihu, head of Guizhou Anju Industrial Co., Ltd., told the Beijing News that the sandstone factory had been closed at the beginning of the year because of economic problems. As for the cracking of local villagershouses and the blasting of gravel factories, Peng Sihu said that he had sued the appraisal company and the relevant departments of Nayong County because he did not see the expert opinions in the second inspection report and felt that there were problems in the inspection report.

The picture shows the Balcony Gate of Jiang Xus family in Dachong Resettlement Site of Juren Street, a poverty alleviation and ecological migration project in Nayong County in 2014.

Assessment of damage grade of local restart houses

Jiang Yuanjun, a villager, told the Beijing News that his damaged house was built and accommodated in 2014 with the help of the local government, and he also won the title of Model Family of a Well-off Home. Similar to Jiang Yuanjuns family, there are dozens of well-off demonstration households in Luwei community and Dachong village.

Jiang Fanglin, a villager, was also helped by the local government to alleviate poverty. In 2013, Jiang Fanglin was identified as a poor household by the Juren Street Office. After the Juren Street Office carried out industrial support, medical security, housing reconstruction and other assistance measures, Jiang Fanglin repaired the housing. In 2018, Jiang Fanglin got rid of poverty. But between 2016 and 2018, Jiang Fanglins new house cracked like other villagershouses.

After the house cracked, the villagers had an opinion, The house that had been repaired hard, had not lived well, it broke down.

Chen Lin said that because of the dispute between the gravel factory and the villagers, some local people have encountered difficulties in securing safe housing.

Even if the gravel factories influence, how to settle claims, what is the standard of compensation? Now there is no basis, Chen Lin told the Beijing News, because there are many people involved, and each house is damaged differently, cracking degree is different, do not know how to determine, this is a difficult point, but also need to find professional opportunities. It is only when the structure or the relevant departments make a damage grade appraisal of the damaged houses that the compensation standard can be determined.

Chen Lin said that if the responsibility is confirmed, the gravel factory refuses to pay compensation and the assets are still there.

On August 5, the staff of Juren Street Office, Juren residence of Nayong Natural Resources Bureau and Propaganda Department of Nayong County Party Committee said that they had communicated with third-party authoritative bodies to immediately carry out damage rating.

Chen Lin told the Beijing News that he would urge the gravel factory to finish the work in about two months.

On August 7, the reporter of the Beijing News learned from the Propaganda Department of the Nayong County Party Committee that the local government has assessed the damage grade of the houses of villagers involved in street fire damage, and rectified the problems of inaccessible drinking water in the resettlement houses and the lack of domestic electricity for some villagers.

On August 9, several villagers in Luwei Community and Dachong Village told reporters that after the reporter left Nayong County, the staff of Juren Street Office immediately came to the village to conduct research, organize relevant professionals to inspect the resettlement houses, and make a grade appraisal of the damaged houses.

_In the Luwei Community of Juren Street, Nayong County, Guizhou Province, six resettlement houses and dozens of self-built houses appeared cracks in varying degrees. Villagers referred to the blasting excavation of nearby gravel factories. Two identifications also confirmed that the damaged houses were affected by blasting. Source: Responsible Editor No. 37 of the Serious Case Unit: Gu Yunting_NBJS8499

_In the Luwei Community of Juren Street, Nayong County, Guizhou Province, six resettlement houses and dozens of self-built houses appeared cracks in varying degrees. Villagers referred to the blasting excavation of nearby gravel factories. Two identifications also confirmed that the damaged houses were affected by blasting.