On October 22, Zhang Zhihua, Secretary of the Party committee of Wangtan Town, said in response to the reporter of upstream news (micro signal: shangyounews), that the forced demolition of Shengtai company was a key supervision project of the land and land department, and there were indeed procedural defects in the demolition process. Zhang Zhihua said that it was inconvenient to respond to the rumor that reporting first and then forcibly demolishing is the governments self directing and self acting and how the government handled the problem of rectification.
On October 21, Tao Rongbin reported to the discipline inspection and supervision department of Shaoxing City on this issue.
On November 2, 2009, Wangtan town approved the land use request of Shengtai company. Photo source / photos provided by interviewees
The government has invested 20 million yuan in the construction of ecological agriculture tourism base
In 2008, as an investment promotion project in Wangtan Town, Keqiao District, Shaoxing City, Tao Rongbin moved the company back to his hometown Shaoxing, and registered and established Shaoxing Shengtai Agricultural Products Co., Ltd., mainly engaged in ecological breeding projects.
On November 2, 2009, Wang Zheng (2009) No. 52 of Wangtan town government approved the establishment of production management rooms and related facilities for the agricultural ecological leisure tourism project of Shaoxing Shengtai Agricultural Products Co., Ltd., which mentioned that the project was to build production and management rooms and related facilities, which was located at luopingao plot, Qingtan village, Wangtan Town, with a planning area of 0.8 hectares, including 0.8 hectares of forest land The production and management room covers an area of 0.4 hectares, roads of 1.27 hectares and pools of 0.13 hectares.
According to Tao Rongbin, he successively contracted 831 mu of woodland and 16 mu of paddy field in luopingao plot, Qingtan village, Wangtan town. The contractual operation period of forest land is 48 years, and the contractual operation period of paddy field is 20 years. He has signed a land contract management right transfer agreement with Qingtan Village Economic Cooperative of Wangtan town. In 2016, he also applied for the transfer certificate of forest land management right for 838 mu of forest land. At the same time, according to the preliminary planning, in December 2010 and August 2015, Shaoxing Municipal Government approved Shengtai company to construct agricultural production and management houses and related facilities within the contracted land, with a total area of 12 mu (forest land in nature); among them, 6 mu of production and management rooms were built for storage, sorting and packaging.
During this period, Shengtai company has invested more than 20 million yuan to build breeding base, cold storage, management room, storage warehouse, aquaculture pool, testing center, etc., and hired villagers to work in the company, becoming the largest ecological agricultural sightseeing base in Wangtan town.
On November 12, 2018, Wangtan town government, together with the Department of agriculture, forestry and land, issued a notice of rectification, requiring the demolition of illegal buildings within 3 days. Photo source / photos provided by interviewees
Accused of occupying farmland, the three departments jointly organized demolition after the following
After 10 years of development, Shengtai company is on the right track. However, since the beginning of 2018, Wangtan town government came to Shengtai company for many times, saying that its project had the situation of less approval, more construction and land occupation. On November 12 of the same year, Keqiao agriculture and Forestry Bureau of Shaoxing City, Keqiao District branch of Shaoxing land and Resources Bureau and Wangtan town government jointly issued the rectification notice, requiring Shengtai company to carry out self rectification from November 13 to 14 of that year; if the rectification is not in place before November 15, Keqiao district agriculture and Forestry Bureau, district land and Resources Bureau and Wangtan town government will organize forces to demolish them.
After receiving the rectification notice, Tao Rongbin inquired and learned that it was the local government who received a report that it had occupied 50 mu of farmland for many years, and was now required to rectify by the land supervision department. The local government mentioned earlier that the cement road we built was beyond the scope of the planned land, and it was not demolished because the actual measurement did not exceed the approved land area in 2009. Other facilities are within the scope of approval. Tao Rongbin said.
After being accused of illegal land use, Tao Rongbin repeatedly raised objections to Wangtan town government and submitted relevant approval materials, but they were not recognized.
On the morning of November 16, 2018, Wangtan town government sent 150 people and 7 excavators to forcibly demolish the landscape rice ears and walls of Shengtai company, and excavated all the paving stone slabs and hardened cement ground. On the afternoon of December 14 of the same year, manpower was organized to dismantle the power distribution room and other facilities in the park. According to Tao Rongbins statistics, there are 700 square meters of damaged facilities.
If you say that I use land illegally, you should give me a clear statement and the specific square number of illegal land use. You cant tear it up without knowing it. Tao Rongbin said that among the facilities forcibly demolished by the local government, only the cement road was occupied, and the illegal occupation of facilities was never mentioned.
On November 25, 2019, the court of Yuecheng district ruled that the government of Wangtan town had violated administrative law. Photo source / photos provided by interviewees
Without hearing the statement, the town government was convicted of administrative violations in the second instance
On February 11, 2019, Shaoxing Yuecheng District Court accepted the case of Shengtai company v. Wangtan town government for administrative compulsion and administrative compensation.
According to the (2019) zh0602 xingchu No. 47 administrative judgment of Yuecheng District Peoples court, Wangtan town government argued that Shengtai companys illegal land use behavior was listed as illegal listing supervision case in the field of natural resources and greenhouse renovation object, and the higher authorities required rectification within a time limit. Because the illegal construction of Shengtai company caused serious damage to cultivated land, forest land and other land resources, the town government jointly issued the rectification notice with the forestry and land departments. Later, because Shengtai company failed to rectify in time, it was not a compulsory act to assist Shengtai company in rectification together with the forestry and land departments, which was not a compulsory act, but only provided help in the process of Shengtai companys self rectification u3002
The peoples Court of Yuecheng district held that the government of Wangtan town claimed that the act of demolishing the structures was to help Shengtai company to rectify and rectify, the evidence was insufficient, and the rectification notice was not an administrative compulsory decision, and the Wangtan town government failed to provide proof that it was jointly implemented by the forestry and land departments, so it did not accept its allegation. At the same time, in the process of forcibly demolishing the buildings involved in the case, the Wangtan town government neither made an administrative enforcement decision, nor seriously listened to the statement and defense of Shengtai company, nor informed Shengtai company of the relief rights it should enjoy according to law, which did not conform to the legal procedural norms of administrative compulsion, nor violated the requirements of the appropriateness management of administrative acts.
On November 25, 2019, the first instance of Yuecheng District Court ruled that the administrative act of Wangtan town government to dismantle the walls, roads, structures and power supply facilities of Shengtai company was illegal according to the rectification notice.
After the court of Yuecheng District issued the first instance judgment, Wangtan town government appealed and Shaoxing intermediate peoples court accepted the case.
However, Keqiao branch of Shaoxing natural resources and Planning Bureau (including the former land and Resources Bureau, forestry bureau and other departments) told the court that the bureau did not actually carry out demolition, and did send personnel to the scene during the rectification led by the Wangtan town government, but the purpose was to ensure that the buildings demolished by the Wangtan town government conform to the attached figure of the rectification notice. Therefore, it can not be regarded as the fact that the three departments have cooperated with each other to jointly enforce the law on the ground that they have issued the rectification notice jointly with Wangtan town government.
After trial, Shaoxing intermediate peoples Court refused to accept the appeal opinion of Wangtan town government, rejected the appeal and upheld the original judgment.
In November and December 2018, 700 square meters of facilities in the park were damaged after two demolition. Photo source / photos provided by interviewees
The Land Bureau reported illegal land occupation, and the town government was said to be self directing and self acting
Recently, with the publication of the final judgment of Shaoxing Municipal Intermediate Peoples court, the rumor that the forced demolition of Shengtai companys investment promotion project is the report arranged by Wangtan town government, and self directed and self performed has been widely spread in the local area.
The upstream news reporter noted that the government of Wangtan town mentioned in the judgment of the second instance that the case was an illegal land use case which was reported to the superior authorities and required to be supervised.
On October 22, the upstream journalists confirmed that the letter mentioned by Wangtan town government many times was that in 2018, the Keqiao District branch of Shaoxing Municipal Bureau of land and resources reported the occupation of forest land by Shengtai company to the Shanghai Bureau of national natural resources supervision. Subsequently, the case was listed as a major typical case. The Shanghai Bureau of state natural resources supervision sent a document to Zhejiang provincial natural resources department for verification and reported the verification results. On October 31, 2018, the Department of natural resources of Zhejiang Province issued a supervision notice to Shaoxing Municipal Bureau of land and resources, and asked to be listed for supervision.
As mentioned in the attachment of the above notice, according to the letter of report, as of June 2018, Shaoxing Shengtai Agricultural Products Co., Ltd. has occupied 52.8 mu of land for business purpose, covering 14.6 mu of land for construction and pavement hardening, which has not yet been opened for business; the company is suspected of illegal acts of occupying less land and not using land according to approved purposes, and then the matter was handed over to Wangtan town for handling.
According to a person familiar with the local original land department, it is precisely because of this report that the subsequent forced demolition behavior was triggered. The letter of report was written by the original relevant leaders of Wangtan town government, who directly arranged for the personnel of Wangtan town land office. After the rectification notice was issued to Shengtai company, the Wangtan town government also issued a letter to the district agriculture and Forestry Bureau and the district land and land department on November 14, 2018, saying that it was required to cooperate with Wangtan town government to dismantle the facilities of Shengtai company.
Tao Rongbin said that in February 2018, 90 mu of farmland in Qingtan village was abandoned by the previous contractor. With the approval of the two village committees, Shengtai company contracted to sign a 10-year lease contract and built a vegetable greenhouse of more than 20000 square meters. At that time, the mayor of Wangtan town led the vice mayor in charge of agriculture and the director of land and resources to Qingtan village, asking the village cadres to terminate the lease contract with Shengtai company, but the village committee cadres refused. Therefore, the contradiction between the two sides arises.
The town government acknowledged that there were procedural defects in the forced demolition and did not respond to the subsequent rectification
On October 22, Zhang Zhihua, Secretary of the Party committee of Wangtan Town, told the upstream news reporters that the construction of Wangtan town was not in accordance with the approved plan, and that the construction of permanent facilities without approval, less approval and more construction, inconsistent use and unauthorized construction of permanent facilities were indeed committed by Wangtan town government and relevant departments The relevant departments stopped for many times, but they failed to rectify; and the illegal construction part has been confirmed, and the repeated stop failed to effectively rectify. In 2018, the local government attached great importance to Shengtai company after it was listed as a listed supervision case and greenhouse house renovation object, and then demolished according to the requirements of the superior.
As for whether it will carry out rectification and how to communicate with Shengtai company after being convicted of administrative violations, Zhang Zhihua said that the illegal land use of Shengtai company was true, and the court judgment only said that forced demolition was illegal in procedure, and did not respond to whether the town government rectified or not. But he admitted that there were procedural flaws in the process of forced demolition by the government.
For the local report forced demolition is Wangtan town government arrangements for the land department to report, self directed self acting rumors, Zhang Zhihua said he was in a meeting, inconvenient to say more. Tao Rongbin told reporters that after the roads and facilities were demolished, the park was cut off and power was cut off, and the cold storage was no longer available. Projects with an investment of more than 20 million yuan have basically been suspended, and nearly 100 villagers salaries have to be borne. Previously, the villagers had jointly submitted a letter to the Wangtan town government, hoping to take into account the actual situation in the village and restore the park to normal as soon as possible, but the government has never responded. Upstream news reporters also learned that after the final judgment of Shaoxing Municipal Intermediate Peoples court came into effect, Wangtan town government still did not act and did not start the accountability procedure in time. On October 21, Tao Rongbin reported the relevant situation to the supervision department of Shaoxing Municipal Commission for Discipline Inspection. Upstream news reporter Shi Tingting source: upstream news editor: Yang Bin_ NF4368
Tao Rongbin told reporters that after the roads and facilities were demolished, the park was cut off and power was cut off, and the cold storage was no longer available. Projects with an investment of more than 20 million yuan have basically been suspended, and nearly 100 villagers salaries have to be borne. Previously, the villagers had jointly submitted a letter to the Wangtan town government, hoping to take into account the actual situation in the village and restore the park to normal as soon as possible, but the government has never responded.
Upstream news reporters also learned that after the final judgment of Shaoxing Municipal Intermediate Peoples court came into effect, Wangtan town government still did not act and did not start the accountability procedure in time. On October 21, Tao Rongbin reported the relevant situation to the supervision department of Shaoxing Municipal Commission for Discipline Inspection.