Dalian Shengji property management co., ltd

In June 2007, Shanxi Lucheng Sheng Da Energy Co., Ltd. signed an agreement with Wulihou Village Committee of Lucheng City to build a regional logistics base on 43.2 mu of cultivated land in the village. In early August, Sheng Da Energy Co., Ltd. formally invested in construction.

After discovering this illegal case, Lucheng Land and Resources Bureau made an administrative penalty decision of ordering the return of 43.2 mu of illegally occupied land, confiscating illegal buildings, and imposing a fine of 3 1.68 million yuan, and at the same time handing over the responsible person to relevant departments for handling. All administrative penalties have been put in place. The discipline inspection and supervision department gave the executive deputy director of Lu Hua office an administrative warning, and gave the secretary of Wulihou village branch and the village director an inner-party warning and a serious warning respectively.

Analysis of this case is a case of leasing collective land for non-agricultural construction. It mainly involves the validity of the lease land contract.

In this case, Lucheng Land and Resources Bureau identified Lucheng Sheng Da Energy Co., Ltd. as illegal land occupation and imposed penalties, which was in compliance with the law. According to Article 43 of the Land Management Law, any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law. Lucheng Sheng Da Energy Co., Ltd. signed an agreement with Wulihou Village Committee to lease collective land for non-agricultural construction, which belongs to illegal lease of collective land. According to Article 76 of the Land Management Law, those who illegally occupy land without approval shall be ordered to return the illegally occupied land, and those who conform to the overall land use plan shall be confiscated and may be fined for building new buildings on the illegally occupied land.

However, this case did not mention the handling of Wulihou Village Committee. In fact, after Wuli, the village committee rented collective land to build a logistics base, which violated the provisions of Article 63 of the Land Management Law and belonged to the illegal lease of collective land use rights. In accordance with the provisions of Article 81 of the Land Management Law, it shall be ordered to make corrections within a time limit, confiscate its illegal income and impose a fine.

In practical work, the parties who illegally occupy land often object to the punishment of administrative organs on the basis of lease contracts. So, is this contract legal? According to Article 52 of the Contract Law, a contract that violates the mandatory provisions of laws and administrative regulations is invalid. According to Article 63 of the Land Management Law, the land use right collectively owned by villagers shall not be sold, transferred or leased for non-agricultural construction. Lucheng Sheng Da Energy Co., Ltd. illegally leases collective land in Wulihou Village to build a logistics base, and its lease contract is invalid and has no legal effect.