Mianyang case: forced relocation not to move also have to move?After the success of the reconsideration lawsuit, the final signing of the agreement

2022-06-21 0 By

In recent years, we have handled some heart-stopping cases, and the one we are going to share today is one of them.What did the parties experience from being frightened to finally successfully signing the agreement?Mr. Li, who lives in Mianyang, has a house in the village. In 2018, he caught up with the land expropriation and demolition. Due to the resettlement compensation issue, he did not reach an agreement with the demolition party, so he did not move out of the house.But as the demolition process accelerated, only Mr. Li’s family did not sign.As night fell, so did the danger.Mr Li’s family suddenly woke up. It was a fist-sized stone that flew into the house from the window. When Mr Li went out to check, he could not see the figure.After consulting with his family, Li finally decided to start legal procedures to protect his rights in accordance with the law.Not long after the forced relocation, the water and electricity in Mr. Li’s house were cut off. After asking the water plant and the power company, we learned that the demolition department required the water and electricity to be cut off to facilitate the demolition to be completed as soon as possible.Mr. Li found the theory of demolition department, demolition department said: forced relocation not to move also have to move!Mr. Li had to hit a brick wall.Facing the powerful department of demolition and relocation, Mr. Li filed an administrative reconsideration respectively on the notice of land expropriation, the settlement and compensation scheme of land expropriation and the approval document of land expropriation. Before long, the department of demolition and relocation asked Mr. Li to withdraw the administrative reconsideration on the grounds of continuing to negotiate the settlement and compensation issue.After several talks, there was no consensus on the issue of homestead resettlement.Then, Mr. Li filed an administrative lawsuit against the water and power cut behavior to the court, requiring confirmation of the demolition department water and power cut behavior illegal and timely restore water and power supply.In the lawsuit, the demolition department accelerated the negotiation with Mr. Li.Finally, both parties reached an agreement on the housing land resettlement and the unit price of housing replacement cost, and signed a settlement compensation agreement.After the implementation of the agreement, Mr. Li withdrew the administrative reconsideration and administrative litigation respectively, and the house was also handed over to the demolition department for demolition.The key to Mr. Li’s successful rights protection lies in that he made a prompt decision in the face of emergency and immediately took legal measures to safeguard his legitimate rights and interests.In addition, in the process of reconsideration and litigation, actively use the opportunity of negotiation to gradually achieve the goal.Of course, all of Mr. Li’s claims are within the scope of the law.Here, we also need to remind you that protecting rights according to law and raising legitimate and reasonable appeals are also the key factors for the final success of the negotiation.Be sure to consult a professional attorney if you encounter similar problems.