on August 10, the reporter learned from the Provincial Department of natural resources that the natural resources and Planning Bureau of Renshou County had been sentenced to lose a lawsuit due to its ultra vires investigation and punishment of a rural construction violation. This is also the first case of our province because of ultra vires to investigate and deal with illegal housing was sentenced to lose the case.
in April 2019, the Bureau of natural resources and planning of Renshou County, Sichuan Province, found that Wang, a villager in group 3 of Zhengyi village, Dahua Town, illegally occupied land and built a house. On January 10, 2020, he made a decision on administrative punishment and demolished the house involved in the case. Therefore, Wang filed an administrative lawsuit to the Dongpo District Court of Meishan, Sichuan.
on July 28, 2020, according to the provisions of Article 67 and Article 78 (1) of the land administration law of the people’s Republic of China (revised in 2019), Dongpo District Court held that Renshou County Bureau no longer has the subject qualification to supervise and inspect the acts violating the laws and regulations of rural residential land management, and the decision on administrative penalty made by the court is beyond its authority, It is not legal and should be revoked according to law. Renshou County made a decision to revoke the punishment.
it is understood that, according to the new “land management law” implemented on January 1, 2020, the agricultural and rural authorities are responsible for the supervision and law enforcement of rural homestead examination and approval. The Provincial Department of natural resources reminded that the Department in charge of natural resources, which has accepted and found relevant illegal clues, especially the problems related to the current rural housing special action, should be transferred to the agricultural competent department in time according to law.
Sichuan online reporter Kou Minfang
original title: the first case in Sichuan! The natural resources management department of Renshou County was sentenced to
for exceeding its authority to investigate and deal with illegal construction in rural areas