Resolving the second complaint of Ms. Nguyen Thi Ky (Thanh An commune)
(Baonghean) - Ms. Nguyen Thi Ky, residing in Hamlet 7, Thanh An Commune, Thanh Chuong District, complained that her family's land area of 342m2 was encroached upon by Mr. Nguyen Duc Luong's family (the owner of the adjacent land) to build a house and other works; during the settlement process, Thanh Chuong District People's Committee only re-granted Ms. Ky's family an area of 181m2 at another location, which is not appropriate. She requested Thanh Chuong District People's Committee to grant her family the full land area of 342m2 (data according to map 299). On February 26, 2015, the People's Committee issued Official Dispatch No. 793/QD-UBND.KT deciding on the settlement of Ms. Nguyen Thi Ky's complaint residing in Hamlet 7, Thanh An Commune, Thanh Chuong, Nghe An (2nd time) with the following content:
Base:
- Result of complaint settlement (first time) of Chairman of Thanh Chuong District People's Committee.
- Results of checking and verifying the complaint content.
- Results of working with Ms. Nguyen Thi Ky
- Results of working with Thanh An Commune People's Committee
About the origin of the land encroached by Mr. Luong
Regarding the content, Ms. Nguyen Thi Ky requested to grant the full land area of 342m2.
Handling of Mr. Nguyen Van Luong's land encroachment
Results of working with Thanh Chuong District People's Committee
Results of checking the current status of the land plot Ms. Ky is using in Thanh An commune, Thanh Chuong district
On the 181 m2 plot of land in hamlet 7, Thanh An commune, there is currently a house of Ms. Nguyen Thi Ky (Ms. Ky is living and working on this plot of land) behind and a garden, with stable boundaries.
On January 26, 2015, the Inter-sectoral Working Group under Decision No. 616/QQD-STNMT coordinated with the People's Committee of Thanh Chuong district, the People's Committee of Thanh An commune and Ms. Nguyen Thi Ky to measure (tape measure) the current status of the land that Ms. Ky's family is using, showing that Ms. Nguyen Thi Ky is using an area of 229.5 m2, an increase of 48.5 m2 compared to the area previously assigned by the People's Committee of Thanh Chuong district (181 m2).
-Results of dialogue with complainant
On January 26, 2015, the Department of Natural Resources and Environment chaired and had a dialogue with Ms. Nguyen Thi Ky; participating in the dialogue were representatives of departments and branches: Provincial Inspectorate, Department of Finance; Thanh Chuong District People's Committee, Thanh An Commune People's Committee, the results are as follows:
+ Ms. Nguyen Thi Ky did not agree with the Draft report on inspection and verification of the conclusions of the Interdisciplinary Working Group; she continued to complain that the People's Committee of Thanh Chuong district must return to her the area of 342m2 of land according to the measurement data of Map 299.
+ The departments, branches, units and organizations participating in the above dialogue, Thanh Chuong District People's Committee and Thanh An Commune People's Committee all agreed with the Draft inspection, verification, conclusion and recommendation report of the Interdisciplinary Working Group.
- Conclude
1. Ms. Nguyen Thi Ky's complaint, requesting the People's Committee of Thanh Chuong district to grant her family a full area of 342 square meters (according to survey map 299) is unfounded, because:
+ Through actual measurement (in 2001), the residential land of Ms. Nguyen Thi Ky's family encroached by Mr. Nguyen Duc Luong's family only had an area of 181 m2 (according to the results of the examination and verification by competent authorities when resolving Ms. Ky's complaint from 2001 to present, the area reduced by 161 m2 compared to map 299 due to measurement errors and due to the clearance of the traffic safety corridor according to Decree No. 36/CP of the Government - the State has no policy to consider compensation for this area).
+ Ms. Nguyen Thi Ky herself, when working with the Department of Natural Resources and Environment (May 4, 2004), agreed on the actual area of her family, requested compensation for a land area of 181m2 and received full compensation for the land, using it from 2004 until now.
Thus, the decision of Thanh Chuong District People's Committee to allocate 181 m2 of land to Ms. Nguyen Thi Ky is consistent with the citizen's wishes at the time of complaint in 2004, ensuring reasonableness, reality, legal regulations and Document No. 2405/CV.UB.KT dated June 1, 2004 of Nghe An Provincial People's Committee.
2. The fact that the People's Committee of Thanh An Commune and the People's Committee of Thanh Chuong District have not taken measures to manage and use the land area that Mr. Nguyen Duc Luong has encroached on from Ms. Nguyen Thi Em, allowing Mr. Nguyen Duc Luong to continue using it as a house without taking measures to handle or determine financial obligations for Mr. Nguyen Duc Luong is not in accordance with the law.
3. The initial settlement result of the Chairman of Thanh Chuong District People's Committee in Decision No. 3461/QD-UBND dated August 29, 2014 on the settlement of Ms. Nguyen Thi Ky's complaint is in accordance with legal regulations.
From the above grounds,
Decision
Article 1.Uphold Decision No. 3461/QD-UBND dated August 29, 2014 of the Chairman of Thanh Chuong District People's Committee on resolving the complaint of Ms. Nguyen Thi Ky, residing in Hamlet 7, Thanh An Commune, Thanh Chuong District, Nghe An Province.
Article 2.The complaint of Ms. Nguyen Thi Ky requesting the People's Committee of Thanh Chuong district to grant her family an area of 342 square meters (according to data shown on survey map 299) is baseless for resolution.
Article 3.The decision takes effect 30 days after the date of issuance.
If she does not agree with the Decision to resolve this complaint, Ms. Nguyen Thi Ky has the right to file an administrative lawsuit at the People's Court according to the provisions of law.
Article 4.Chief of Office of the Provincial People's Committee, Chief Inspector of the province, Directors of departments and branches: Provincial Inspectorate, Natural Resources and Environment, Finance; Chairman of Thanh Chuong District People's Committee, Chairman of Thanh An Commune People's Committee; Ms. Nguyen Thi Ky and related organizations and individuals shall base on this Decision to implement.
People's Committee of Nghe An province
