Guangdong Huizhou Yizhou Project is constructed on other people's land?Official: Order to stop work
Author:China Business Daily rule of l Time:2022.07.05
"We plan to invest in 2.8 billion yuan in Nankeng Village to develop the Dream of Dream of Pastoral Garden projects. It is a key alternative project of the provincial key construction library. It was originally launched in January of this year after getting the item of the Development and Reform Commission in December 2021. Construction, delayed due to the epidemic, but on March 4 this year, under the circumstances of our unknown, 500KV Shenzhen in the central and western parts of Shenzhen was affected by the electrical channel (Nankeng section) project construction unit that did not obtain the relevant procedures and grabbed it within the scope of our project without authorization. Construction has caused serious hindrance to the promotion of the project construction of our company. "On June 16, Mr. Wu, a shareholder of Shenzhen Shenwan Huikang Culture Development Co., Ltd. (hereinafter referred to as" Shenwanghui Company "), told reporters that he has repeatedly made this incident many times It was reported to the Huiyang Power Supply Bureau of Huizhou, Guangdong, that the construction team was required to stop the construction.
Law Enforcement Department: We can't stop working
"Nanxi Valley Dream Pastoral" was invested and developed by Shenguanhui Company. The company was established in December 2020 with a registered capital of 100 million yuan. The project is located in the river back road of Xiawei Group, Nankeng Village, Xinyu Town, Xinxing Town, Huiyang District, Huizhou City. It covers an area of 2,000 acres. The period is 50 years. On December 15, 2021, the project was filled by the Huiyang District Development and Reform Bureau of Huizhou City. The planned construction time was in January 2022. The development project covers Nankeng B & B, rural art villages, and rural pension leisure.
Construction unit personnel in the Dream of Nanxi Valley Dreamland Project District Construction
"The heads of the Xinxu Town Government and the head of the Nangkeng Village Committee know that our pastoral tourism project has been filing and is about to start construction, but the site selection of the site (Nankeng section) in the central and western parts of 500KV Shenzhen After passing, the village and town cadres have always concealed the fact that the company is developing the company's development of the Huiyang Huiyang Power Supply Bureau of Guangdong Power Grid. " The Power Facilities Protection Regulations ", the power grid engineering cannot be passed from the Dreamland project area of Nanxi Valley, and" will affect the overall implementation of the rural tourism project. "
It is understood that the 500KV Shenzhen Central and Western Division was started in Qingxi Town, Dongguan City. To the Bauhinia line project).
On June 16, the reporter saw at the construction site of the Nankeng section of the power grid that a man blocked a pickup truck at the semi -hill -slope intersection of the "Nanxi Valley Dreamland" project. Show the car away, but the man said that the construction was unsafe and the people were not allowed to go up the mountain. Mr. Wu said that the land he rented was dug and mining by the construction team and needed to go to the scene to confirm, but the man still ignored it.
The reporter came forward to interview and learned that the man said that the construction unit came from a company in Yunnan, but was unwilling to notice the name. "It was the town government who asked us to start." The man said.
Mr. Wu said that on June 15, the Law Enforcement Supervision Brigade of the Natural Resources Bureau of Huiyang District and multiple departments such as Xinyu Town Police Station requested the construction team to stop the construction at the scene, but was rejected. In this regard, the person in charge of the construction team of the surname Li denied the statement that was previously ordered to stop the work to reporters.
A staff member of the Law Enforcement and Supervision Brigade of the Natural Resources Bureau of Huiyang District responded to reporters on the phone that they did not obtain procedures such as the Forestry Dorge License for the construction team of the Nangkeng section of the power grid. The construction team immediately stopped working, but they refused to stop, and we couldn't help it. "
Power Supply Bureau: Law procedures have been obtained
An informed villager revealed that 500KV Shenzhen's central and western parts were passed from the other side of Nankeng Village, and the road was passed from the "Nanxi Valley Dreamland" project area.
"A few of our groups of villagers were jointly signed at the time required 500KV to be diverted by the Electric Channel (Nankeng Section) project in Central and Western Shenzhen. I hope not to pass from the Dreamland of Nanxi Valley, but it will soon be forced by community cadres to sign and agree. "A familiar villager said that before March 4, the construction unit was constructed in advance without obtaining an environmental assessment report, not going through land acquisition procedures, no land planning permits, and unpaid construction reporting and construction. Opinions are great.
Another shareholder of Shenwanghui Company said that the consent of the construction unit and the construction unit did not obtain the consent of the legal contracting users, and started the legal rights and interests of the land contracting users without authorization. Now the company also pays more than 300,000 yuan in rent to the village committee group each year. "
On June 1, 2022, the Huizhou Huiyang Power Supply Bureau of Guangdong Power Grid replied to Mr. Wu and others that the project has obtained legal compliance procedures. The underground surrounding villagers' group confirmed the consent in writing.
Town Party Secretary: Responsible for land acquisition compensation
"Prior to this, the leaders and officers who were responsible for coordinating the matter and the officers who were responsible for coordinating the matter did not mention the words, and did not inform the right holder on field survey, record, notarization, confirmation, and confirmation of the possible land acquisition scope and quantity. Specific land acquisition, compensation plan, etc. "Mr. Wu said.
Regarding the above statement, on June 17, the reporter came to the Xinyu Town Government to interview and verify the situation. Wen Zhen, the secretary of the town's party committee, said in an interview that the town government was only responsible for land acquisition compensation. As for the construction unit's problems in the site selection, exploration, and construction of the power grid engineering, the town did not participate in the town. He also said that he did not know the issue of "Nanxi Valley Dreamland" invested and developed by Shenwuhui Company. Earlier, Lu Huiming, the deputy mayor of Xinyu Town, replied to reporters with a mobile phone text message that the Shenzhen and Western Division of the Shenzhen Central and Western Division reflected by the complainant was the provincial key project approved by the Guangdong Provincial Development and Reform Commission. The project has signed the village villagers' signature voting. Raid the compensation to the village account. "The project has been demonstrated and evaluated a year ago, and the best solution determined in the end. In addition, Shenwanhui Company has established items at the end of last year and has not started construction so far. For more information, please power the construction unit Huizhou City power supply power supply. The bureau understands. "
On June 24th, a staff member of the Huiyang District Power Supply Bureau of Huizhou responded to reporters on the phone that Shenwanhui Company has developed the "Nanxi Valley Dreamland" tourism project in Nangkeng Village. The power supply bureau did not know before. If it is the fact that the Xinyu Town Government and the Nankeng Village Committee concealed this fact to Shenwanghui Company, they could sue the court government to ask for compensation and accountability.
Lawyer: involved two layers of legal issues
Wang Jingui, a lawyer at Beijing Zhongwen Law Firm, was interviewed by reporters that the construction of the power grid conflicts with tourism projects involving two levels of legal issues.
First of all, it depends on whether the power grid construction project has undergone legal project planning, approval and approval. In addition, it is necessary to obtain the opinions of relevant departments such as cultural relics and do a good job of compensation for land acquisition and demolition. If the approval procedures for the construction planning of the power grid construction in the incident are incomplete, it is illegal construction, and the government authorities can be requested to investigate and deal with it through reporting channels. On the contrary, it is legal construction and generally cannot prevent its construction.
This time, if the construction of the power grid fulfills the legal construction approval and approval process, it will also be compensated in a timely manner, but the local government or other entities where the tourism project development is located has concealed the situation. The main body of the development of tourism projects bears corresponding legal responsibilities. If there is no concealment, the power grid construction and tourism project development are carried out on legal and compliance. It is necessary to jointly negotiate the power grid construction, the main body of the tourism project development, and the local government department of the project implementation.
Li Cuiying, a lawyer of Guangdong Taixu Law Firm, said in an interview that given that Mr. Wu and other shareholders signed a land rental contract with Nangkeng Village and were still in the rental period, the current legal right of the land was Mr. Wu and his registration Shenwanghui Company.
Li Cuiying said that if the construction unit and the construction unit did not agree with the consent of the land use owner and started construction without authorization, they would violate the legitimate rights and interests of the land user rights. According to Article 233 of the "People's Republic of China": If the property rights are infringed, the right holder can solve the approach of reconciliation, mediation, arbitration, and litigation. Therefore, Mr. Wu and Shenwuhui Company can first negotiate with the construction unit and the construction unit. If the negotiation cannot be achieved, it can sue to the court.
The reporter will continue to pay attention to the progress of the matter. (Reporter Yang Xuan)
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