Land compensation for Mr. Lan according to garden land type is in accordance with regulations!

• May 8, 2014 10:21

(Baonghean) - Mr. Thai Van Lan, residing in Van Trai 6 hamlet, Long Thanh commune, Yen Thanh district, Nghe An province, complained that the People's Committee of Yen Thanh district approved the compensation and support plan to clear the site for the Project to Improve and Upgrade Flood-proof Provincial Road 534, through Long Thanh commune, Yen Thanh district in Decision No. 2886/QD-UBND dated July 13, 2011, in which the land compensation for an area of 73 m2, garden land type (agricultural land) for Mr. Lan's family was approved, which is not in accordance with regulations. Mr. Thai Van Lan requested the People's Committee of Yen Thanh district to compensate for the area of 73 m2 of land at the price of residential land (2nd time).

On April 4, 2014, the Provincial People's Committee issued Official Dispatch No. 1314/QD-UBND.KT deciding on the settlement of Mr. Thai Van Lan's complaint with the following content.

-Results of complaint settlement (first time) of Chairman of Yen Thanh District People's Committee on December 5, 2013, Chairman of Yen Thanh District People's Committee issued Decision No. 5806/QD-UBND on complaint settlement of Mr. Thai Van Lan, with the following content:

- Mr. Thai Van Lan's complaint that Yen Thanh District People's Committee applied the wrong land compensation price for Mr. Thai Van Lan is a false complaint.

- Maintain the land compensation for Mr. Thai Van Lan's family in Decision No. 2886/QD-UBND dated July 13, 2011 of Yen Thanh District People's Committee.

Results of working with Mr. Thai Van Lan:

- Mr. Thai Van Lan stated: The Yen Thanh District People's Committee's approval of compensation for 73 square meters of garden land for his family was not in accordance with regulations. Mr. Lan requested compensation according to residential land price; land area of 760 square meters, of which Yen Thanh District People's Committee reclaimed 73 square meters of land originally granted by Long Thanh Commune People's Committee before 1990.

- Mr. Thai Van Lan could not provide any legal basis to prove that the Yen Thanh District People's Committee's determination of the type of garden land to compensate his family was not in accordance with the law.

Results of inspection and verification of the land use origin of Mr. Thai Van Lan's household: Reviewing the compensation, support and resettlement records, Mr. Thai Van Lan's household was granted land exchange by the People's Committee of Long Thanh commune in 1990. Currently, it belongs to plot number 425, map sheet number 13, area 760 m2 (measured in 2004). Reviewing the Land Use Right Certificate with code E999455 issued by the People's Committee of Yen Thanh district to Mr. Thai Van Lan's household on April 12, 1995, the land area that Mr. Lan has been granted a certificate for the above land plot includes a residential land area of 200 m2, garden land of 200 m2. Pursuant to Article 87 of the Land Law dated November 26, 2003; Article 45, Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Land Law, Regulations of Nghe An Provincial People's Committee in Decision No. 10/2013/QD-UBND dated January 22, 2013, Decision No. 100/2009/QD-UBND dated October 28, 2009 and the Land Use Rights Certificate issued by Yen Thanh District People's Committee to Mr. Thai Van Lan, plot No. 425, map sheet No. 13, area 760 m2 (measured in 2004) will have a residential land limit of 200 m2 and the garden land area within the same residential land plot is 560 m2.

- Dialogue results:

On March 19, 2014, the Department of Natural Resources and Environment chaired, with the participation of the Inter-sectoral Working Group established by the Department of Natural Resources and Environment, the People's Committee of Yen Thanh District and the People's Committee of Long Thanh Commune, a dialogue with Mr. Thai Van Lan. The result: Through the dialogue, Mr. Thai Van Lan did not agree with the conclusions and recommendations of the Draft report on inspection and verification of complaints made by the Inter-sectoral Working Group. Mr. Thai Van Lan requested to be compensated for 73 square meters of land at the price of residential land. The participants in the above dialogue agreed with the results of the inspection, verification, conclusions and recommendations on the settlement of Mr. Thai Van Lan's complaint in the above Draft.

- Conclude:

1. Mr. Thai Van Lan's complaint that the People's Committee of Yen Thanh district approved the compensation plan for his family for an area of 73 m2, garden land (in Decision No. 2886/QD-UBND dated July 13, 2011 of the People's Committee of Yen Thanh district) not in accordance with regulations is a false complaint, because the People's Committee of Yen Thanh district only recovered 73 m2 out of a total of 760 m2 of land from Mr. Thai Van Lan's household. Based on current regulations, plot number 425, map sheet number 13, area of 760 m2 (re-measured in 2004) of Mr. Lan's family will have a residential land limit of 200 m2 and the garden land area within the same residential land plot is 560 m2. After recovering 73 m2, the remaining land area of Mr. Lan's family is 687 m2, larger than the residential land limit. Therefore, the People's Committee of Yen Thanh district determined and approved the compensation value for Mr. Lan's family for the above-mentioned recovered land area of 73 m2 according to the garden land price in accordance with regulations.

2. Decision No. 5806/QD-UBND dated December 5, 2013 of the Chairman of Yen Thanh District People's Committee on resolving Mr. Thai Van Lan's complaint is in accordance with the law.

Based on the above, it is decided:

Article 1. Uphold Decision No. 5806/QD-UBND dated December 5, 2013 of the Chairman of Yen Thanh District People's Committee on resolving the complaint of Mr. Thai Van Lan, residing in Van Trai 6 hamlet, Long Thanh commune, Yen Thanh district, Nghe An province.

Article 2. Resolve the complaint of Mr. Thai Van Lan as follows: Mr. Thai Van Lan's complaint that the People's Committee of Yen Thanh district approved the compensation plan for Mr. Lan's family for the recovered land area of 73 m2 (belonging to plot number 425, map sheet number 13, survey map in 2004) according to the garden land price (in Decision No. 2886/QD-UBND dated July 13, 2011 of the People's Committee of Yen Thanh district) is not in accordance with regulations, which 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 on handling complaints, Mr. Thai Van Lan 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, Construction, Transport; Chairman of Yen Thanh District People's Committee, Chairman of Long Thanh Commune People's Committee; Mr. Thai Van Lan and related organizations and individuals shall base on this decision to implement.

People's Committee of Nghe An province