When can the owner live in the piece of land on the riverside of Guangxi that cannot be started?

A few days ago, a violent incident occurred in Huanjiang Maonan Autonomous County, Hechi City, Guangxi, which triggered a hot discussion on the Internet.

This is the interview scene broadcast by Guangxi Radio and Television Station "The Frontline of Rule of Law" on June 5th, 20021. The Maonan Commercial Plaza project under construction was maliciously smashed, and the sales department and construction site were in a mess. Malicious saboteurs are not afraid of shooting, smashing facilities and articles at will to prevent the real estate from starting.

Huanjiang Maonan Autonomous County is the birthplace of Maonan and the only Maonan Autonomous County in China. Maonan commercial plaza development project is located on the west side of the supporting project of poverty alleviation and ecological resettlement project around the Yangtze River (Maonan Folk Street), which is one of the key projects in the development and construction of cities around the Yangtze River.

It is understood that from April to July, 20021year, Maonan Commercial Plaza in Huanjiang County suffered many malicious obstructions, such as blocking the sales department, blocking the gate of the construction site and destroying the construction site. The scene was hot and the conflict intensified.

Violent shutdown not only brought serious losses to the developers of Maonan Commercial Plaza project, but also brought great influence to the project buyers.

On June 15, the column group of "Frontline of Rule of Law" of Guangxi Radio and Television Station reported the incident and conducted a detailed investigation on the cause of the incident. After the program was broadcast, it attracted social attention.

TV report link:

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Let me rearrange the events for you:

1.2065438+20091October 23rd, Guangxi Delong Real Estate Development Co., Ltd. (hereinafter referred to as Delong Company) obtained the state-owned construction land use right of the real estate project plot (parcel number: 20 1855) to the west of Maonan Fengqing Street in Huanjiang County through competitive bidding, and paid all the land transfer fees of the plot * *. The project name is Maonan Commercial Plaza.

At the beginning of bidding for land, with the consent of Delong Company, Wen contributed180,000 yuan as a partner to participate in the joint development of the project. After consultation between the two parties, Wen and his son Wen Zhenyu participated in the project development and operation after obtaining the land.

2. In order to facilitate management, Delong Company established Huanjiang Branch of Guangxi Delong Real Estate Development Co., Ltd. ..

Three. 2065438+In May 2009, Delong Company began to accept customers' appointments, and collected more than 3.7 million yuan in earnest money. However, Delong Company reported that due to a series of illegal operations of Wen and his son, the cooperation between the two sides was divided and finally the cooperation broke down.

4. In order to safeguard the legitimate rights and interests, Delong Company temporarily cancels Huanjiang Branch, and the branch, rights and obligations shall be enjoyed and undertaken by Delong Company.

5.20 1 On June 7th, 9, Wen sued Delong Company for the first time, requesting:1. Dissolve the joint bid land agreement signed with Delong Company; 2. Delong Company withdrew from the development and operation of real estate projects involved. Intransitive verb 20 19 On August 20th, Huanjiang Court ruled: 1. Dissolve the Agreement on Joint Bidding for Land signed by Plaintiff Wen and Defendant Delong Company on August 20th, 20 19+2 1; 2. Reject the plaintiff's other claims.

7. Wen sued the court for the second time, demanding to divide the plots around Maonan Commercial Plaza. On March 5, 2020, the Huanjiang court ruled that Wen's lawsuit was rejected. On May 6, 2020, Hechi Intermediate People's Court made a final ruling: rejecting Wen's appeal and upholding the original judgment.

8. On September 2, 2020, Wen sued Delong Company in Huanjiang Court for the third time, requesting to confirm the validity of the joint bid agreement between Wen and Delong Company. (The case is currently under trial)

9. On September 3, 2020, at Wen's request, Huanjiang County People's Court made a ruling to seal up the state-owned land of Delong Company in the west of Maonan Fengqing Street in Maonan Autonomous County, with the preservation value limited to 25 million yuan and the sealing-up period of three years.

X. In order not to affect the development and construction of the project, Delong Company applied for replacing the seized land with assets of 50 million yuan, which was supported by the court.

Xi。 On February 7, 2020, at 65438, Huanjiang Court issued a ruling, ruling that the preservation value of Delong Company's state-owned land west of Maonan Fengqing Street in Maonan Autonomous County was lifted, with a limit of 25 million yuan. So far, the plot of Huanjiang Maonan Commercial Plaza under the name of Delong Company has met the construction conditions.

12.202 1 On March 2, 2008, Huanjiang County People's Government issued a written decision on administrative reconsideration, and decided that the application for cancellation of land certificate registration of Delong Company would not be accepted.

Thirteen. Huanjiang county government and county public security department have organized Delong company and Wen to mediate many times. It is proposed that if one of the two partners withdraws from the project, the other partner will compensate the withdrawing party for 20 million yuan. Delong Company agreed, and Wen preferred. The next day, Wen Rong Zhi regretted it. Subsequently, Wen proposed to divide the land, which was rejected by the court.

14.202 1 On the morning of April 28th, 2008, Delong Company organized the project construction, and gathered social idlers to violently obstruct the construction and tear up government notices. Delong Company reported to the police.

15. On the morning of 29th April, the police station issued a Notice of Not Investigating and Handling, clarifying that the case of disturbing the construction procedures of enterprises was not within the jurisdiction of the public security organs, and the public security organs would not investigate and handle it.

16.5 14, the employee mountain of Delong Company was attacked by cement slurry, and his eyes and right ear were burnt with alkali. On the same day, Delong Company reported the theft and intentional damage to the company's property to the police. (On June 1 day, Huanjiang Police Station issued a notice not to investigate. )

17.5 On 27th, Liu Qunhui, the project leader of the construction company, was beaten by Wen Zhenyu and others at the construction site.

According to informed sources, since April, Wen has violently obstructed his work at the construction site every day, such as blocking the gate of the construction site with vehicles, standing under the arm of an excavator, sitting on the track of a bulldozer, sitting in the office and door of the project department, and smashing the sales department.

A few days ago, the conflict intensified. Wen hired four excavators to tear down all the walls around the construction site and dig the leveled land into gaps several meters deep. After Delong Company leveled it again, it repeatedly dug for dozens of times. In addition, Wen's wife smashed the tempered glass door of the sales department with a hammer, and organized her family to destroy the sales department with black paint, dirt, garbage and sewage, and even damaged the floor and furniture of the sales department with engine oil.

As the parties, Wen Jia and his son don't think there is anything wrong with smashing banks and obstructing them. Wen Jin Woo, the son of Wen, said in an interview with a reporter from the front line of the rule of law that he did not obstruct the construction, but as one of the owners and investors of this project, he had the right to stop the construction.

To this end, the front-line reporters of the rule of law tried to mediate between the two sides. However, due to the great differences between the two sides, mediation failed to reach an understanding.

Due to the continuous obstruction of the literati and his son, this land that has gone through various legal construction procedures has not been built so far. People who have paid the house purchase price or deposit are still waiting.

In this regard, Delong Company reported the situation to the relevant departments in many directions, but due to the complexity of the incident, things were delayed again and again. In this regard, Delong Company, which is eager to start construction, is very helpless.

They believe that they have done all the work they can to overcome the difficulties and start construction as soon as possible. They provided 50 million yuan of assets through judicial procedures and replaced the land that had been sealed up before. The land was not in a sealed state and legally met the construction conditions. In addition, legally speaking, Delong Company is the sole subject of Maonan Commercial Plaza project, and it is the legal right of Delong Company to organize the project to start construction. First, the project has obtained all the examination and approval procedures required for the start of construction, which is well-founded in law; Second, the dispute with Wen belongs to the internal contradiction of the company, and judicial proceedings are currently under way. If the court decides, how to deal with it, according to legal procedures. Before that, the legal construction behavior of Delong Company should be protected.

But the question is, who will protect their legitimate rights and interests? The construction period is delayed, and the rights and interests of people of all ethnic groups who are looking forward to living in new houses are damaged. Who will bear it?

Now, Wen Jia and his son continue to stop the construction of the project, a chaotic phenomenon is staged every day, and the bad social impact is spreading every day. Around the river, this immovable land, when will the dark clouds disperse?

Legal experts said that it is understandable for Wen to protect his own rights and interests, but its methods and means have violated the crime of undermining the production and operation of enterprises stipulated in the criminal law, which is illegal.

In July 2020, the Regulations of Guangxi Zhuang Autonomous Region on Optimizing Business Environment came into effect, which clearly pointed out that in view of the problem that the legitimate rights and interests of enterprises have not been well protected, it is necessary to optimize the legal environment, focus on improving the investment environment and promote local economic development. In this regard, party committees and governments across Guangxi are working hard to implement it. I believe that the disharmony around this river will be solved soon.

It is understood that relevant departments have intervened, and the investigation conclusions of relevant departments shall prevail.