The Court accordingly ruled that the relevant departments of the South Garden township government organizations forced removal of the Tse family housing illegal; case acceptance fee borne by the Government of the South Garden Township. This judgment has taken effect.
Demolitions was sentenced to administrative violations
To receive compensation is still a thorny issue
That the South Garden township government seriously beyond the administrative authority conferred by law, and alleged abuse of executive power, against their own interests, Mr. Xie Nanyuan township government to court to ask the court to confirm the South Garden township government demolitions illegal. and payment of costs.
It is reported that this government to court administrative lawsuit in favor of Mr. Xie one has yet to receive any compensation. Mr Tse?s agent Lee said the lawyer,abercrombie, relocation compensation should this be the organizers of the township government benefits, Tse family without the department in charge of the Housing demolition ruling, now unable to determine the compensation of specific criteria. But if you apply for state compensation, certainly they can not rely on the low state compensation payments to buy a house.
Mr. Xie?s son said, Since then, the issue of the demolition company many times with his family to talk about relocation compensation, but because they believe to compensation is not enough to another to buy a house,ralph lauren pas cher, the two sides have been failed to agree. Unexpectedly, the morning of April 8, 2010, a person Nanyuan Township-governmental organizations, a group of unknown persons forced out of the house,air jordan, and the group immediately in the case without any formalities, to his home in mandatory removal. House demolitions of Mr. Xie one not only failed to get compensation,polo ralph lauren pas cher, even turnover relocation did not get one person only temporary lodging with relatives.
Trial to push the responsibility of the township government
??nearly 150 square meters. In April 2009,polo ralph lauren, because the building Metro Line 4 songjiazhuang parking, Fengtai District Construction should the application of the Beijing Railway Construction and Management Co., Ltd., presented the house demolition permit, ?Mr. Xie home just within the scope of the demolition. Demolition of the implementation unit of the Beijing Xin Fortune Demolition Services Limited.
Trial, the Government of South Garden Township, said the demolitions of the main body of the implementation of the Tse family housing was not their, but the Beijing Railway Construction and Management Co., Ltd.. Day of the incident, the township government is only demolition work on the housing of the Tse family to assist,ralph lauren, responsible for maintaining law and order,abercrombie france, there is no implementation of the specific removal of behavior, the township government to request the court dismissed Mr Tse?s claim. South Garden township government did not produce any evidence of these assertions.
On April 23 the same year, East Tiejiangying police station in the township government organized its relevant departments to assist removal of the grounds that Mr Tse?s report does not meet the criminal limit, decided not to ?.
The court held that, according to the provisions of Article 17 of the State Council?s ?Urban Housing Demolition Management Ordinance, demolition or housing tenant relocation of the adjudication provisions of the relocation period, housing the seat of city and county people?s government instructed relevant departments to forced evictions, or to apply to court to force the demolition of house demolition administrative departments according to law. Although the Ordinance was repealed on January 21 this year, the Tse family housing demolition occurred before,polo ralph lauren, shall be subject to execution.
Identified by the Court in the trial,burberry, the demolitions of the morning, the the Fengtai East Tiejiangying police station had received Tse alarm,air jordan pas cher, the police arrived, they found that relocation disputes. According to the police station to the inquiry transcripts of the South Garden township government armed Minister Wang display,abercrombie france, Wang said he was to help the the Nanyuan township government in the Subway Yizhuang Line, Yizhuang Line Depot demolition work the commander in chief, to help the program of demolition work and concrete arrangements are in the South Garden Township governmental organization coordination were identified. Another Beijing Xin Fortune Relocation Services Limited staff also admitted that on behalf of a day, Mr Tse family housing demolition is carried out by the relevant departments of the South Garden township government organizations to help dismantle.
Synthesis of existing evidence can be identified, Nanyuan Township Government Tse no demolition compensation agreement signed with the demolition, house demolition department in charge did not decide in respect of the house demolition compensation and resettlement, organized relevant departments to the implementation of Xie the forced removal. South Garden township government does not have terms of reference of the forced evictions and the removal of behavior, so organize the relevant departments of the unit beyond its terms of reference,abercrombie, the case of unlawful administrative acts. South Garden township government as the organizer, acts of respondent dismantle should bear the corresponding legal responsibility.
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