Confirm that the collection and transfer scheme of Zhijin photovoltaic project is invalid.

On April 20, 2022, the plaintiff filed an administrative lawsuit against Chadian Township, zhijin county, confirming that the case of "Compensation Scheme for Land Transfer and Land Expropriation of zhijin county Hongjiadu 300MW Agricultural Photovoltaic Power Station" was invalid, and it was heard in Qianxi People's Court. The plaintiff added Guizhou Wujiang Hydropower Development Co., Ltd. and Guizhou Wujiang Hydropower Development Co., Ltd. Zhijin New Energy Branch as the third party to participate in the lawsuit.

The focus of the trial dispute is: whether the land transfer and land requisition compensation scheme of zhijin county Hongjiadu 300MW agricultural photovoltaic power station is actionable.

During the trial, the defendant Chadian Township held that the scheme was not an administrative scheme and was not actionable, and all the responsibilities for illegal land use were shifted to the third party Wujiang Company. The third party has not been entrusted by the defendant to defend the defendant's administrative act. What good double springs!

The court held that "zhijin county Hongjiadu Water-Photovoltaic Complementary 300MW Agricultural Photovoltaic Power Station Land Transfer and Land Requisition Compensation Scheme" is a controversial case with compensation standards, which should be reconsidered before litigation. It is worth mentioning that the plaintiff asked to confirm that the scheme was invalid, instead of arguing about the compensation standard, because the plaintiff's destroyed land has not been compensated, so there is no dispute.

The plan that the plaintiff requested to cancel was the specific implementation plan of land acquisition and transfer of Zhijin Photovoltaic Project, involving 18.849 mu of land for booster station and 1 1800 mu of land for photovoltaic plaza. The plan was adopted by the joint meeting of Chadian Township and reported to the zhijin county Municipal People's Government for approval. The specific contents include land use mode, compensation standard of land and attachments, etc. According to the approval of Bijie Natural Resources Bureau, the booster station requisitioned 18.849 mu of cultivated land in Xianfeng Village, Chadian Township; More than 4,900 mu of land transfer agreement has been signed for the photovoltaic square, including 2,900 mu in Chadian Township, 0/.500 mu in Jinlong Township and 500 mu in Babu Street, all of which have been compensated in place. The program involved in the description is an administrative program that has been specifically implemented. It is illegal for Chadian Township to collect "booster station" without approval, and it is also illegal for Wujiang Company to build booster station without approval. In addition, it is also illegal for Chadian Township to formulate a plan involved in the case and lease the land to a third person for non-agricultural construction. The Land Management Law clearly stipulates that the only administrative organs that approve land expropriation are the provincial government and the State Council, and the administrative organ that formulates the expropriation plan is the people's government at the county level. It can be seen that Chadian Township does not have the legal qualification to formulate the plan, so it should be confirmed that the plan involved is invalid according to law. According to Article 79 of the Land Management Law, if a unit or individual who has no right to approve the expropriation and use of land illegally approves the occupation of land, exceeds the approval authority, does not approve the land according to the purposes determined in the overall land use plan, or approves the land in violation of the procedures prescribed by law, its approval document is invalid. Whoever illegally approves the requisition or use of land and causes losses to the parties concerned shall be liable for compensation according to law.

In its defense, Chadian Township believes that the land use mode is circulation rather than expropriation, which obviously has no legal basis. According to Article 38 of the Rural Land Contract Law, the transfer of land management rights should follow the following principles: … (4) The transferee must have the ability or qualification of agricultural operation …… According to the evidence provided by Chadian Township and Wujiang Company, Wujiang Company is not legally qualified to transfer land. In addition, the main qualification of rural land transfer is the village Committee, and the land transfer must be approved by the contractor, and non-agricultural construction cannot be carried out.

In the defense, Chadian Township believed that Wujiang Company was responsible for the destruction of the land involved, and Wujiang signed a transfer of land with farmers, which was obviously shirking its responsibility. According to the Agreement on Entrust Transfer of Rural Land Contracted Management Right signed with farmers provided by Wujiang Company, the transferred land was signed by Chadian Township (Party C), Daying Village Committee (Party A) and farmers (Party B). The contents of the agreement did not stipulate any rights and obligations of Wujiang Company, and Wujiang Company did not participate in the signing.

According to Article 7 of the Land Management Law, all units and individuals have the obligation to abide by land management laws and regulations, and have the right to report and accuse violations of land management laws and regulations. "zhijin county Hongjiadu scenery complementary 300MW agricultural photovoltaic power station land transfer and land acquisition compensation scheme" is not only an administrative scheme, but also an operational scheme.