The case of 113 rural families suing their local county
government in northwest China's Gansu
Province for illegally requisitioning their land and
demolishing their property began to be heard in court today.
"It was illegal because the land, covering about 21,300 square
meters, was collectively owned by the farmers," one of their
lawyers Wang Dong said yesterday.
The farmers are in Longnan City to ask Longnan Intermediate
People's Court for 25 million yuan (US$3 million) compensation from
Chengxian County government in a suit that was filed on July 26 and
also names the local land procurement and relocation office.
The local government's lawyer could not be reached for comment,
according to today's China Daily.
Wang said the county government issued a notice in September
2001 saying it would requisition the land in Chengguan Township in
order to construct a sewage treatment plant.
The following year, the procurement and relocation office pulled
down the farmers' single story houses and constructed residential
buildings.
The law requires that land owned collectively by rural residents
should be managed by a board elected by them. According to 1996
figures, 46 percent of land falls into this category, and if the
government has to use the land for the general public's welfare, it
needs to consult and compensate farmers.
Wang said the county government demolished the farmers' houses
through coercive means and failed to keep its promise to compensate
them.
"These homeless rural workers have had to seek shelter in
relatives' houses or elsewhere," Wang said. "Only a few who have
special relations with the government have moved into new
homes."
He also said some victims had been afraid of accusing the
government, especially those who have family members working as
county civil servants.
Despite this, some wrote petition letters to government
departments and others visited the General Office of the State
Council in Beijing, said Wang. "These peaceful farmers are now
outraged."
Wang said the developer has yet to obtain proper certification
to use the land and that there are other problems in its use.
According to local media reports, the land procurement and
relocation office said it had reached agreements with each family
and that the suit has exceeded its statutes. Administrative
lawsuits need to be filed within two years of the plaintiff
becoming aware of the disputed behavior.
But Wang said the local government had persisted in violating
the farmers' legal rights and that they have been involved in a
continued process of petitioning government departments, making the
allegation that the suit has exceeded its statutes ungrounded.
(China Daily August 30, 2005)