This is a case handled by lawyer Peng Xiaogang from the director lawyer team of Jingkang Shi Xining, about a certain government issuing a "Decision on Demolition within a Time Limit" to the parties, then issuing a "Notice of Reminder" to the parties, and finally issuing a "Compulsory Demolition Decision" to the parties, and forcibly demolishing the parties' houses one day after the issuance.
Even today, with the rapid growth of the economy, there are a lot of self-built houses, but there are no "construction planning permits" for historical problems or other reasons, but many governments have carried out compulsory demolition on the grounds that they do not have "construction planning permits" or other documents, but whether unlicensed houses are equivalent to illegal construction, and can a certain government force demolish our houses on the grounds of not having documents? Next, I would like to invite Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, to talk to you through a case.
The facts of the case
In April 2006, the villagers' committee of the village where Mr. Yuan lived issued a certificate to prove that Mr. Yuan applied to the village committee for the location of the village's homestead, that in 2007 Mr. Yuan built a house on the homestead, and in 2023, 16 years later, the town government issued a "Decision on Demolition within a Time Limit" to Mr. Yuan to forcibly demolish his house.
Mr. Yuan was very puzzled by this, and finally decided to choose Peng Xiaogang, a lawyer from the team of Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, to defend his rights.
Jingkang lawyer's demeanor
After accepting the client's entrustment, lawyer Peng Xiaogang immediately decided to file an administrative lawsuit against the town government based on the client's own statement and the current materials, so as to determine that the "Compulsory Demolition Decision" issued by the town government was illegal and that the forced demolition of the town government was illegal. In 2023, he filed an administrative lawsuit with a district people's court in Beijing.
During the trial, lawyer Peng Xiaogang listed in court: 1. Certificates of a village housing base in 2006, 2013, and 2019; 2. 1998 homestead fee receipt; 3. Application for Installation; 4. The village planning of a village, which proves that the house is within the planning range, and with the consent of the villagers' committee, Mr. Yuan pays the relevant fees, and the construction is approved by the villagers' committee. At the same time, the proof of the time of construction of the house was listed, which proved that the villagers of the village where Mr. Yuan built the house were aware and agreed. Finally, the Administrative Reconsideration Decision issued by a district government is listed to prove that the Demolition Decision within a Time Limit has been revoked, and the above-mentioned Compulsory Demolition Decision is procedurally illegal.
Case outcome
During the trial, lawyer Peng Xiaogang argued that the "Decision on Demolition within a Time Limit", "Notice of Reminder" and "Decision on Compulsory Demolition" made by the town government against Mr. Yuan violated the law and did not comply with legal procedures.
It was finally confirmed that the above-mentioned documents violated legal procedures, but in view of the fact that the building involved in the case had been forcibly demolished, the sued "Compulsory Demolition Decision" did not have revocable content.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.