The complaint of Mr. Hoang Van Hue, residing in hamlet 18A, Nghi Lien commune, Vinh city is wrong.
(Baonghean) - Mr. Hoang Van Hue complained about Decision No. 1739/QD-UBND dated April 8, 2011 of Vinh City People's Committee on approving the compensation plan and supporting site clearance for the project of expanding and upgrading National Highway 1A from Quan Hanh to Quan Banh, the section passing through Nghi Lien commune, Vinh City, with the following contents:
- The complaint and request for support to stabilize life and production is 12 months because over 70% of the agricultural land area in use of his family's agricultural land was recovered.
- Complaint, request for support of 35% according to the average land price of the area, with land recovered for plot number 609, map sheet number 12 in Nghi Lien commune because his family's land plot is adjacent to the residential area boundary on May 21, 2014, the Provincial People's Committee issued Official Dispatch No. 2208-QD/UBND-KT with the following content:
Based on the verification results of the relevant parties and the dialogue results of the Department of Natural Resources and Environment with Mr. Hoang Van Hue; it is concluded that:
1. The initial settlement of Mr. Hoang Van Hue's complaint by the Chairman of Vinh City People's Committee in Decision No. 5100/QD-UBND dated November 5, 2013 is in accordance with legal regulations.
2. The content of Mr. Hoang Van Hue's complaint and request for support to stabilize his life and stabilize production for 12 months because his family's agricultural land area was recovered, over 70% of the agricultural land area in use, is not a basis for resolution, because:
- The agricultural land area of Mr. Hue's family was recovered under Decision No. 1738/QD-UBND.DC dated April 8, 2011 of Vinh City People's Committee equal to 31.96% of the agricultural land area that Mr. Hue's family was using in 2011. Mr. Hue's family had their land recovered but was not in a situation where they had to relocate.
Pursuant to Point a, Clause 2, Article 24 of Decision No. 04/2010/QD-UBND dated January 19, 2010 of Nghe An Provincial People's Committee, Mr. Hoang Van Hue's household is supported to stabilize life and production within 6 months.
3. The content of Mr. Hoang Van Hue's complaint, requesting support of 35% according to the average land price of the area where the land was recovered for plot number 609, map sheet number 12 in Nghi Lien commune because his family's land plot is adjacent to the boundary of the residential area, is not valid for settlement, because:
- Land plot No. 609, map sheet No. 12 has no edge adjacent to the residential area boundary. Only a part of the eastern edge of the land plot is located near the residential planning area but is separated from the residential planning area boundary by a 1.5 meter wide bank. Although the residential planning area has been approved, the outermost land plot near land plot No. 609, map sheet No. 12 of Mr. Hue's family at the time of land recovery until now still has no house.
- Pursuant to Clause 2, Article 25 of Decision No. 04/2010/QD-UBND dated January 19, 2010 of the People's Committee of Nghe An province and Clause 1, Article 15 of Circular No. 14/2009/TT-BTNMT dated October 1, 2009 of the Ministry of Natural Resources and Environment, Mr. Hoang Van Hue's household is not supported with 35% of the average land price of the area where the land is recovered as in the case of recovered agricultural land with at least one side adjacent to the boundary of a residential area.
From the above grounds
DECISION:
Article 1: Uphold Decision No. 5100/QD-UBND dated November 5, 2013 of the Chairman of Vinh City People's Committee on resolving the complaint of Mr. Hoang Van Hue, residing in Hamlet 18A, Nghi Lien Commune, Vinh City, Nghe An Province.
Article 2. Resolve the complaint of Mr. Hoang Van Hue as follows:
- The content of Mr. Hoang Van Hue's complaint, requesting support to stabilize his life and stabilize production for 12 months because his family's agricultural land area was recovered (in Decision No. 1738/QD-UBND.DC dated April 8, 2011 of Vinh City People's Committee) over 70% of the agricultural land area in use is a false complaint.
- The content of Mr. Hoang Van Hue's complaint, requesting support of 35% according to the average land price of the area where the land was recovered for plot number 609, map sheet number 12 in Nghi Lien commune because his family's land plot is adjacent to the boundary of the residential area is a false complaint.
Article 3. This Decision takes effect after 30 days from the date of issuance. If he does not agree with this decision to resolve the complaint, Mr. Hoang Van Hue has the right to file an administrative lawsuit at the People's Court in accordance with the provisions of law.
Article 4. Chief of Office of the Provincial People's Committee, Chief Inspector of the province, Directors of the Departments: Natural Resources and Environment, Finance, Transport; Chairman of Vinh City People's Committee, Chairman of Nghi Lien Commune People's Committee; Mr. Hoang Van Hue and related organizations and individuals shall base on the Decision to implement.
Provincial People's Committee
