Do Luong: Dismantling illegal construction works on collective land

The son lives in a big house, but the mother lives in a thatched hut.

(Baonghean) - Despite having a full family and a decent, solid house, Ms. Thai Thi Than in Hamlet 4, Tan Son Commune (Do Luong) has had to live in a dilapidated, tattered thatched hut for more than 2 years.

Commune considers granting land to martyr's wife, son continuously refuses

(Baonghean)- Mr. Nguyen Cong Kinh (Hamlet 4, Tan Son Commune, Do Luong, Nghe An) continuously refused the State's attention to his martyr's wife and left his mother in an illegally built hut.

On May 24, 2018, discovering that Mr. Nguyen Cong Kinh's family (residing in Hamlet 4, Tan Son Commune, Do Luong) had illegally occupied public land and built constructions on land managed by the State, the People's Committee of Tan Son Commune sent a working group to inspect the scene.

Upon inspection, the working group discovered that Mr. Nguyen Cong Kinh was building a small wooden house, about 14 square meters wide, on a plot of land in Hamlet 4, Tan Son Commune, Do Luong. The People's Committee of Tan Son Commune determined that Mr. Nguyen Cong Kinh had illegally occupied collective land and built structures on land managed by the state. Meanwhile, Mr. Kinh's family was living on another large plot of land, about 20 meters away from the occupied plot.

The wooden house built illegally by Mr. Nguyen Cong Kinh on state-managed land. Photo: Ngoc Phuong

After making a record of the current status to determine Mr. Nguyen Cong Kinh's violation, the People's Committee of Tan Son Commune issued a notice, requesting Mr. Kinh to voluntarily dismantle and restore the original status. If by 10:00 a.m. on May 25, 2018, Mr. Kinh's family did not voluntarily dismantle the illegal construction, the commune would organize the demolition. However, by 10:00 a.m. on May 25, 2018, Mr. Kinh's family still did not comply with the request of the People's Committee of Tan Son Commune and continued to construct, so the commune made a record and proceeded to dismantle the illegal construction.

The land area occupied by Mr. Kinh is the land of the old elementary school. In 2006, the People's Committee of Do Luong district approved the detailed land subdivision plan for auction. On March 25, 2015, Mr. Nguyen Cong Kinh arbitrarily set up a tent and fenced off this land. After setting up the tent, Ms. Thai Thi Than (86 years old, Mr. Kinh's mother) moved into this dilapidated tent to demand the government to grant land. Mr. Kinh also presented the Certificate of Merit from the Fatherland, the Resistance Medal, and set up an altar for his martyr father in the tent.

Immediately after learning about the incident, the People's Committee of Tan Son Commune, together with other departments and organizations, came to persuade and persuade Mr. Kinh not to occupy the land, and at the same time, persuaded Mr. Kinh to dismantle the tent himself and bring Ms. Than home to ensure her health. On May 24, 2018, Mr. Nguyen Cong Kinh again arbitrarily occupied the land and illegally built structures on this land.

Mr. Kinh said that in 2006, the commune had let his mother draw lots for the plot of land where he was building his tent, so now he only receives land there. However, comparing with the State's regulations on land through the periods and the remaining records, it is confirmed that the authorities at all levels have not issued any official documents granting land to Ms. Than in the area of ​​the old elementary school.

In 2006, it was true that Tan Son commune had given Ms. Than and another family a land draw in the above area. However, when Tan Son commune submitted a dossier to the People's Committee of Do Luong district requesting approval to allocate land to Ms. Than based on valuation, Do Luong district did not agree.

Mr. Nguyen Trong Hoi - Deputy Head of the Department of Natural Resources and Environment of Do Luong district said: In 2006, the process of considering land allocation for policy beneficiaries was not properly implemented by the People's Committee of Tan Son commune. Moreover, at that time, Ms. Thai Thi Than was not eligible for land allocation and valuation according to Decision 39/2005/QD-UB dated March 21, 2005 of the Provincial People's Committee. Because, Ms. Than had land before and was later granted a land use right certificate by the State to her son - Mr. Nguyen Cong Kinh.

Furthermore, the land of the old primary school in Hamlet 4 was approved by the District People's Committee in 2006 for detailed land subdivision and auction. The land plot that Ms. Than drew lots for is land with profitable value, not included in the land fund considered for allocation according to Decision 38/2005/QD-UB dated March 18, 2003 of the Provincial People's Committee.

However, with preferential policies for people with revolutionary contributions, considering the family's wishes, in July 2016, Tan Son Commune People's Committee invited Mr. Nguyen Cong Kinh (representing Ms. Than) to the Commune People's Committee to guide the procedures for requesting land allocation in the form of land use right valuation in the Cay Troi area (Hamlet 3, Tan Son Commune) for Ms. Than.

However, Mr. Kinh did not cooperate with the procedures as instructed and did not accept the land allocation in the Cay Troi area. He insisted that the State allocate land in the old elementary school area in hamlet 4 for his mother.

Realizing that Mrs. Than was old and considering Mr. Kinh's wishes, the Commune People's Committee prepared a report to the District People's Committee requesting to adjust the detailed subdivision planning of the old elementary school area from residential land in the form of auction to residential land in the form of valuation.

The District People's Committee changed the land use planning of 6 plots of land from auction to residential land for valuation to consider allocating land to Ms. Than and other policy beneficiaries. Photo: Pham Bang

Not long after that, the People's Committee of Do Luong district agreed to change and supplement the planning from 4 auctioned lots to 6 appraised lots. After completing the procedures, the People's Committee of the commune and the departments and branches of Do Luong district continued to invite Mr. Kinh to guide the procedures for requesting land allocation in the form of appraising the old primary school area for Ms. Than.

Accordingly, Mr. Kinh will be able to choose 1 of the 6 plots of land in the back row and the State will mobilize social resources to build a house of gratitude for his mother. But once again, the State's concern for Mrs. Than was rejected by Mr. Kinh himself. Meanwhile, his mother herself is the policy subject that the State cares for and helps, not him.

Mr. Kinh's failure to cooperate with the commune to carry out procedures to consider the request for land allocation based on valuation is a denial of his mother's rights and the State's attention to policy beneficiaries who have contributed to the revolution.

Pham Bang - Ngoc Phuong