Some Representatives Choked On The Spot When Yinzhou Talked About The Situation After The "Forced Demolition"
With the ruling of Zhejiang Higher People's Court, which requires Yinzhou District Government to make a new administrative reconsideration decision, a case of "forced demolition" of Qiu'ai sweater market in Yinzhou, which has been reflected by more than 100 owners for many years, has finally taken a turn. Yesterday, the Yinzhou District Government held an administrative review hearing of the case at the local party school. In addition to the owners concerned, it also attracted a lot of media.
At the hearing, the owner's representative proposed that the government of Qiu'ai Town should be responsible for "illegal demolition" without the owner's knowledge, and the owner should receive fair compensation. The representative of the government of Qiu'ai Town said that the government actually bought the market and there was no problem with demolition.
Witnesses
Public hearing
Allow media to take video and photos
At 9 o'clock yesterday morning, the administrative reconsideration hearing on the demolition of Qiu'ai sweater market was held in the Yinzhou District Party School.
Previously, the owners had also submitted administrative reconsideration to the Yinzhou District Government because of the demolition problem, but it was not accepted. This administrative reconsideration hearing was held, which made the owners very happy. The reporter saw that hundreds of owners gathered at the gate of the Party School early, and they discussed with each other, expecting the hearing to bring them good results.
The reporter saw that the Yinzhou District Government also attached great importance to the hearing. In order to maintain order, a police car was transferred to the scene, and many police stood by.
The hearing was held in Room 1115, and the staff gave the hearing staff a side hearing in advance. Although there are hundreds of owners, only 20 owners are allowed to enter the hearing site. The reporter saw that the hearing site was not big, and dozens of seats were full. There are also reporters from TV stations and newspapers on the scene, and cameras and photos are allowed.
In the middle of the hearing, there were two hearers and a hearing host from the Legal Affairs Office of Yinzhou District Government. As the owner's representative of the applicant for administrative reconsideration and the respondent Qiu'ai Town Government, they sat on both sides. The clerk recorded the whole hearing.
Employer's Representative
Ask for the return of the house or just compensation according to law
Cai Weijun, the owner's representative, took out pictures of the prosperity of the Qiu'ai woolen sweater market before the demolition, She said: "Before the removal of Qiu'ai sweater market, business was booming, and our owners lived a comfortable life relying on this market. But because of the illegal removal of Qiu'ai Town Government, it not only destroyed the largest sweater market in eastern Zhejiang, but also stripped the happiness of the people."
Cai Weijun said that at the beginning, the owners signed the so-called demolition agreement with the town government because they believed in the government. Because the town government has repeatedly told them through announcements and newspapers that the rebuilt market will be more beautiful, better used and more prosperous. However, nobody expected that when signing the agreement with the owners, the town government did not even get the demolition permit.
The owners believed that the demolition of the woolen sweater market by the town government was "illegal" at the beginning, which made the compensation of the first batch of compensation differ greatly from that of the second and third batches after signing the demolition agreement with the owners. Therefore, the owner requires the town government to be responsible for this "illegal demolition". "Since it is' illegal demolition ', we ask the town government to return the market house to us, and we can return the compensation we have received. If the market house cannot be returned to us, we must make compensation, and we must make compensation according to the law and justice."
Speaking of the situation after the "forced demolition", some representatives choked on the spot
The owner representative also took out the demolition agreement signed with the town government at the beginning. The compensation amount and the effective date of the agreement in the agreement were blank, but the signature was stamped with the red official seal of the demolition office, and the owner also pressed his hand print and signed his name. The owners questioned that the demolition behavior of the town government deceived the owners and caused them great pain and loss.
Cai Weijun said that an owner of his family disagreed with his husband because his wife signed the letter. The couple quarreled all day for this, and the conflict became more and more serious. Finally, they divorced.
"The leaders of the town government said that we are actors. When such a thing happens, they will try? If we are actors, the town government is the director!" Cai Weijun said, choking with emotion. The hearing host then reminded her to control her emotions and not get excited.
Town government representative
The real estate is "acquisition", and it is not illegal without demolition permit
At the hearing, representatives of the Qiu'ai Town Government always insisted that the government had no problems and that the demolition was not illegal without a demolition permit. Their reason is that the woolen sweater market is not "demolition", but the demolition of properties that have been "acquired".
The town government admitted that at the beginning, because there were potential safety hazards in the market, reconstruction and rectification were needed. The notice of demolition by the town government and the announcement in the newspaper were normal demolition, which had no objection. At that time, the woolen sweater market was under the jurisdiction of the Qiu'ai Town Government. However, when they were going to get the demolition permit, the woolen sweater market was divided into the eastern new city. Because of the changes in planning and the competent authorities, the previous demolition work could not continue.
In this case, the town government held a meeting and decided to purchase the store. They believe that the owners have agreed to sell the houses in the market to the town government, so it is not illegal for them to demolish the houses in the market.
The representatives of the town government admitted that the property right was still in the name of the owner, but they said that it did not matter. "It can be transferred at any time, and it is a fact that the house has been purchased by the government."
The representatives of the town government said that after they paid the compensation to the owners, many owners had used and made money through investment. They thought it was difficult to say how much the owners claimed to have lost.
Owner's attorney
The government is not a company and has no right to purchase property
Yuan Yu, the lawyer acting for the owner, said that it had nothing to do with the case whether the compensation received by the owner was spent on investment or stock speculation. The owner signed the so-called agreement without knowing that it was an "illegal demolition". Owners can also repay the money, including interest. "But the town government must be responsible for the 'illegal demolition'!"
Yuan Yulai believed that it was unreasonable for Qiu'ai Town Government to describe "demolition" as "acquisition". Because there is no "purchase of property" for the government, the so-called purchase is also an act of demolition, a kind of expropriation procedure, "Because the government is not a company, it is an administrative act, and cannot purchase the property and sell it to make money like the company does. The government and the owner negotiate an agreement under the laws and regulations of the urban management regulations. Therefore, the house cannot be demolished without a demolition permit. Obviously, until today, the ownership of the property is still in the name of all owners."
Yuan Yu said, "The government of Qiu'ai Town should return the house. If the house cannot be returned, compensation according to law is a remedy."
At the hearing of administrative reconsideration, the two sides provided evidence and argued, which ended at about 11:50 p.m. The presider of the hearing announced that further consultations would be conducted according to the situation of the hearing, and the administrative reconsideration decision would be made at a selected time.
Later, many media interviewed the owners and representatives of Qiu'ai Town Government. When the reporter interviewed the representatives of the government of Qiu'ai Town, the other party insisted that there was no problem in the acquisition. As for whether they would sit down with the owner to negotiate, the other party made it clear that they would not. He said, "As a result, the reconsideration organ will make a decision." Yuan Yu, the owner's attorney, said that the administrative reconsideration was conducted under the ruling of the provincial high court, and hoped that the government departments could administer according to law, Don't let the common people go wrong any more.
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