Four people were squeezed into a house of less than 30 square meters. Lao Yang saw Chen Er with a sad face in the cramped kitchen.
A few years ago, Chen Er gritted his teeth and spent most of his savings to build a greenhouse in the village. With the income from grape seedlings, his life was about to flourish. He never expected that the construction of highways by the municipal government would be a great thing for the benefit of his children and grandchildren as soon as things started to improve. Chen Er was dumbfounded when he saw the announcement from the government. The southern highway planning map clearly showed that the line ran across the greenhouse, which also crossed Chen Er's heart. The whole family pointed to the income from the greenhouse for food, and Chen Er's mood fell to the bottom.
Several people came to talk about compensation, but Chen Er did not sign. The compensation they gave was almost the same as the cost of building the Dapeng. If he signed, he would work in vain for several years, and the family would not know where to earn the food rations.
That afternoon, a wave of unfamiliar faces that Chen Er had never seen came to the place. Without saying a word, they violently demolished the place. In less than two hours, all that was left of Chen Er’s business over the past few years were tattered films and scattered iron shelves. The scene was as messy as Chen Er’s current life.
With the enthusiastic guidance of others, Chen Er applied to the district government for state administrative compensation, but the district government delayed in replying within the statutory response period. Chen Er then filed a lawsuit with the Municipal Intermediate People's Court, but it was held that this case did not meet the statutory prosecution conditions for filing a separate administrative compensation lawsuit . The administrative behavior involved in the administrative compensation case has not yet been confirmed to be illegal and has been rejected. Chen Er had no way to complain. Could it be that the greenhouse he had worked so hard to build was demolished in vain!
After learning about Chen Er’s situation, Lao Yang also felt very angry.
Here, Lao Yang wants to popularize it for everyone. Article 27 of the "Regulations on Expropriation and Compensation" clearly stipulates that when implementing house expropriation, compensation should be paid first and then relocated. Since the district government has made a decision on house expropriation and announced it, and has negotiated compensation issues with the demolition parties, if negotiations fail, a compensation decision should be made as soon as possible. However, the district government neither made a compensation decision for Chen Er nor applied to the People's Court for enforcement, so it forcibly demolished Chen Er's greenhouse, which was suspected of serious illegal behavior.
In addition, the court should review and confirm the legality of the government’s demolition behavior. If the demolition behavior is illegal, it should bear administrative compensation liability for the losses caused to the legal property of the parties. The court of first instance ruled to reject Chen Er’s prosecution, which showed obvious improper application of the law.
Subsequently, Lao Yang immediately assisted Chen Er in filing a lawsuit with the Provincial Higher People's Court . With the support of clear facts, the Provincial High Court quickly issued a ruling that the original court ruled to reject Chen Er's lawsuit and rectify the improper application of the law. It also found that Chen Er's appeal grounds were established, revoked the previous administrative compensation ruling of the Municipal Intermediate People's Court, and designated the Intermediate People's Court to continue the trial.
A rare smile appeared on Chen Er's face. With Lao Yang's help, he was sure that his greenhouse would not be demolished in vain.
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