Illegal construction

Ms. Li is a villager in Beishankou Village, Beishankou Town, Gongyi City. She owns a homestead house east of the Qinglong Avenue Bridge in Beishankou Village. In July 2021, heavy rains destroyed the Qinglong Bridge. After the flood season, the local government planned to rebuild the bridge, which required occupying the land involved in Ms. Li's home. On September 26, 2021, the town government issued a "Notice of Ordering Demolition within a Time Limit" to Ms. Li and determined that her house was an illegal building.

【Progress of the case】
The Beijing Law Firm accepted the client's entrustment and assigned Zhao and (intern) Law Firm to work. After investigation, the house was located on the homestead where the client had the right to use it according to law. The house involved was not an illegal building. Therefore, the client was instructed to apply for administrative reconsideration to the Gongyi Municipal Government with the Beishankou Town People's Government as the respondent.

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However, the Gongyi Municipal People's Government considered that the administrative counterpart's name in the "Notice" was different from the party's ID card, and the proof provided by the village committee that the counterpart and the party were the same person were not legally binding. It believed that the party had no interest in the "Notice" and would not accept the party's application for reconsideration. During the prosecution period, the lawyer will guide the party to file a lawsuit with the Gongyi Municipal People's Court with the Gongyi Municipal People's Government as the defendant.

【Judgment Result】
After the hearing, the Gongyi Municipal People's Court supported the lawyer's view and held that the evidence provided by the village committee had legal effect and that the defendant's behavior of not accepting the application lacked basis. It decided to revoke the defendant's "Decision on Not Accepting the Application for Administrative Review" and required the defendant to accept the plaintiff's application for reconsideration in accordance with the law.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a Beijing professional demolition law firm on this site for one-to-one online consultation.