Provincial Chairman lost lawsuit against a citizen
Having issued an inappropriate decision to resolve complaints, the Chairman of the People's Committee of Quang Binh province has just lost the lawsuit against the people at the appeal court.
The High People's Court in Da Nang recently opened an appeal hearing on "Complaints about administrative acts in the field of land management".
The plaintiff is Ms. Pham Thi De (residing in Hamlet 5 Tuy Loc, Loc Thuy Commune, Le Thuy, Quang Binh); the defendant is Mr. Nguyen Huu Hoai, Chairman of the People's Committee of Quang Binh Province.
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| Decision of the appellate judgment of the High Court in Da Nang |
Le Thuy District People's Committee, Mr. Nguyen Huu Hoang (residing in Dong Hoi City) and representatives of Nguyen Huu clan in Tuy Loc village (Loc Thuy commune, Le Thuy) were identified as people with related rights and obligations.
The appeal hearing is based on the appeal of the first instance administrative judgment No. 15/2017 of the People's Court of Quang Binh province, tried on August 18, 2017, by Ms. Pham Thi De.
Dispute
Ms. De's lawsuit stated that in 1991, her family was granted land use rights certificates for two plots of land number 226 (200m2) and plot number 228 (95m2).
These are the two plots of land where Mrs. De's family has lived since 1976. Between Mrs. De's two plots of land is plot number 227, area 120m2 of the Nguyen Huu family.
In 2006, implementing the rural diversification project, Mrs. De's family was granted a new land use right certificate for plot number 607 (area 146m2) and plot number 609 (area 240m2). Nguyen Huu family temple plot number 608, area 74m2.
Due to the need to renovate and expand the church, in 2013, Mrs. De's family and the Nguyen Huu clan had an agreement to allow the clan to expand 2m more than the actual area so that the land area is 8m wide.
However, when constructing, the Nguyen Huu family expanded the house by 1 meter beyond the agreed width, so Mrs. De's family did not agree.
Immediately afterwards, Mr. Nguyen Huu Hoang - representative of the Nguyen Huu clan sent a complaint to the People's Committee of Le Thuy district, requesting a solution to give the clan enough 120m2 as on the 1991 map.
In April 2015, the inspection team of the People's Committee of Le Thuy district, together with representatives of the clan and Mrs. De's family, determined the boundary according to the land transfer agreement, determining that the current land area of the Nguyen Hoang family church is 124.8 square meters, larger than the area of 120 square meters that Mr. Hoang complained about returning.
In September 2015, Le Thuy District People's Committee issued Decision 6268, recognizing the family's land use rights at the current location where the church is being built, with an area of 120 square meters.
However, Mr. Hoang did not agree with the decision to resolve the complaint of the District People's Committee, so he continued to send a complaint to the Provincial People's Committee, requesting recognition for the clan to have enough 9m of width to build a church.
Based on Mr. Hoang's complaint, on July 7, 2016, the Chairman of the Provincial People's Committee signed Decision No. 2046, "assigning the People's Committee of Le Thuy district to withdraw the Land Use Right Certificate for two plots of land 607 and 609 of Ms. De's family, which were granted in 2006, to proceed with legal proceedings for the additional area of 45 square meters between the 2006 cadastral map and the 1991 plot map to issue Land Use Right Certificates for three plots of land No. 607, 608, 609 based on consideration in accordance with the actual situation, ensuring stable use and harmonizing the interests of all parties..."
Cancel the decision of the Provincial Chairman
The above decision of the Chairman of the Provincial People's Committee has met with opposition from Ms. De and her family. In the lawsuit, in addition to pointing out the legal basis to affirm the right to use the two land plots No. 607 and 609, Ms. De also stated that, according to the provisions of Clause 1, Article 203 of the 2013 Land Law, the People's Committee of Quang Binh province issued Decision No. 2046 without authority.
Therefore, Ms. De filed a complaint to the Provincial People's Court, requesting the cancellation of Decision No. 2046 dated July 7, 2016 of the Provincial People's Committee.
At the first instance trial on August 18, 2017, the People's Court of Quang Binh province dismissed her lawsuit.
At the appeal hearing on January 17, 2018, the High People's Court in Da Nang determined that the Court of First Instance's rejection of Ms. Pham Thi De's lawsuit was incorrect. Ms. De's appeal was well-founded.
Accordingly, the High-level People's Court in Da Nang decided to: Accept the appeal of Ms. Pham Thi De, amend the entire first-instance judgment; Cancel Decision No. 2046 of the Provincial People's Committee on "resolving the complaint (second time) of Mr. Nguyen Huu Hoang.
Along with that, the People's Court also requested the Chairman of the People's Committee of Quang Binh province to pay 300,000 VND in first-instance administrative court fees.
