(QBĐT) - The Provincial People's Court has just held an online public first-instance trial of an administrative case involving a citizen in Bao Ninh Commune (Dong Hoi City) suing to cancel the decision to resolve a complaint in the field of land management by the Chairman of the People's Committee of Bao Ninh Commune and the Chairman of the People's Committee of Dong Hoi City.
Accordingly, Ms. Nguyen Thi Buu (residing in Bao Ninh commune, Dong Hoi city) filed a lawsuit to the Provincial People's Court requesting the cancellation of Decision No. 140/QD-UBND, dated March 3, 2023 of the Chairman of Bao Ninh commune People's Committee (decision to resolve the first complaint) and Decision No. 3093/QD-UBND, dated July 25, 2023 of the Chairman of Dong Hoi city People's Committee (decision to resolve the second complaint) because Ms. Buu believes that the above two decisions are illegal and requests the court to recognize the two land areas in Ha Duong village, Bao Ninh commune that Ms. Buu's family is complaining about as belonging to her. Force the City Forest Protection Management Board (QLRPH). Dong Hoi (now the Management Board of Dong Hoi City and Quang Binh Coastal Areas) returned the compensation for the 1,274m2 area of land used by Ms. Buu's family that was confiscated while the 36m road was being constructed and recognized the 745.2m2 area of land of Ms. Buu's family as eligible for a land use right certificate. Regarding this lawsuit, Ms. Nguyen Thi Buu had previously filed a complaint with Quang Binh Newspaper to reflect the incident.
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Considering the lawsuit request of Ms. Nguyen Thi Buu, the first-instance trial panel of the Provincial People's Court found that:
Decision No. 140 of the Chairman of Bao Ninh Commune People's Committee and Decision No. 3093 of the Chairman of Dong Hoi City People's Committee based on documents and evidence in the case file and the opinions of the parties on the origin and land use process show that: From 1960-1970, the land area under complaint had some households of Bao Ninh commune reclaiming and using it to grow short-term crops such as potatoes, cassava, melons, chili peppers... to serve daily life.
Ms. Buu said that her parents reclaimed and used 2 parts of land in Ha Duong village, Bao Ninh commune: The first part has an area of 1,274m2 (according to the cadastral map of Bao Ninh commune approved in 2014, belonging to part of plot number 56, map sheet number 60) located on the 36m road (under construction); the second part is a plot of land with an area of 745.4m2 (according to the cadastral map of Bao Ninh commune approved in 2014, belonging to part of plot number 56, map sheet number 60), used to grow short-term crops such as potatoes, cassava, melons, chili peppers... continuously until 2005. And from 2005 until now, Ms. Buu's family has grown seasonal crops from November to March of the following year, leaving the remaining time empty.
According to Ms. Buu, during the process of reclaiming and using 2 parts of the land area, her family did not declare or register the land use rights, so their names were not on the cadastral map and cadastral book of the competent authorities. Her family could not provide documents or evidence to prove the origin of the 2 parts of the land area that her family used and used continuously since the reclamation until now, but only a few people confirmed that her family in 2000, 2007, 2014, 2018 and 2022 submitted an application to the People's Committee of Bao Ninh commune to Mr. Pham Minh Hoat (deceased - PV) to build a livestock farm, but the People's Committee of the commune replied that there was no policy yet.
In addition, the land area of 1,274m2 that Ms. Buu's family is complaining about is located on the 36m road (under construction). According to actual measurements and inspections, the location and boundaries cannot be determined (Ms. Buu also admitted at the trial), and the land use purpose is other unused land managed by the People's Committee of Bao Ninh commune.
According to the cadastral map and land register of Bao Ninh commune approved in 2014, the land areas that Mrs. Buu is complaining about are used as protective forest land managed by Dong Hoi City. According to the current land use and forest resource map of Bao Ninh commune confirmed by the Forestry Department on July 2, 2007, the land areas that Mrs. Buu's family is complaining about are sandy land. According to the planning map of 3 types of forests in Bao Ninh commune in the period of 2006-2010 approved by the Provincial People's Committee, this is very important protective forest land managed by the Dong Hoi City Forest Protection Management Board.
| After the verdict of the first instance trial, Ms. Nguyen Thi Buu filed an appeal to the High Court in Da Nang to request an appeal trial. |
According to the planning map of 3 types of forests for the period up to 2020 approved by the Provincial People's Committee in 2014, the land areas that Ms. Buu's family is complaining about are outside the planning of 3 types of forests, managed by the Management Board of Dong Hoi City Forest Protection and the Quang Binh Coastal Forest. Therefore, on December 31, 2019, the People's Committee of Dong Hoi City issued a decision to reclaim the land of the Management Board of Dong Hoi City Forest Protection and Development. On November 26, 2021, the Provincial People's Committee issued a decision to assign the Management Board of Environment and Climate Change of Dong Hoi City to implement the project of developing urban infrastructure environment to respond to climate change of Dong Hoi City in Bao Ninh commune without a decision to reclaim the land and notify Ms. Buu's family that it is appropriate and in accordance with the provisions of the land law.
The fact that Mrs. Buu's family claims that the origin of the land areas that her family complained about is that her family has continuously reclaimed and used them from 1960-1970 until now for the purpose of agricultural production (growing annual crops) is not consistent with the actual land use process, so there is not enough basis to recognize land use rights and is not eligible for granting land certificates of land use rights, house ownership rights and other assets attached to the land, so there is no compensation for land when the State reclaims the land according to regulations. Therefore, the decision to resolve the complaint (first time) by the Chairman of the People's Committee of Bao Ninh Commune and the decision to resolve the complaint (second time) by the Chairman of the People's Committee of Dong Hoi City are well-founded and in accordance with the law when they do not recognize the two land areas that she complained about as belonging to Mrs. Buu's land use rights.
From the above analysis and comments, the Provincial People's Court of First Instance found that the decisions to resolve the complaints of the Chairman of the People's Committee of Bao Ninh Commune and the Chairman of the People's Committee of Dong Hoi City ensured the correct authority, time limit, procedures, and legal basis according to the provisions of law (the representative of the Provincial People's Procuracy at the trial also had the same opinion). Therefore, the Panel of Judges decided to reject all of Ms. Nguyen Thi Buu's lawsuit requests.
Bui Thanh
Source: https://www.baoquangbinh.vn/phap-luat/202410/bac-don-khoi-kien-cua-mot-cong-dan-2221661/
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