On April 10, the front page headline of Anhui Legal Daily reported a case of public interest litigation filed by the Procuratorate of Datong District, Huainan City, Anhui Province. Details are as follows:

　　 Original title

Agricultural land destroyed for seven years without investigation and punishment

Huainan Municipal Bureau of Land and Resources was found lazy in performing its duties

A report from our newspaper (reporter Yuan Zhongfeng) built cultivated land as a parking lot without approval. Huainan Municipal Bureau of Land and Resources delayed in investigating and dealing with this act of destroying cultivated land until it was sued by the procuratorial organ to the court. On April 9, the reporter learned that the public interest litigant, the People's Procuratorate of Datong District, Huainan City, sued the defendant, Huainan Municipal Bureau of Land and Resources, for failing to perform its statutory duties. The judgment confirmed that the defendant, Huainan Municipal Bureau of Land and Resources, was negligent in performing its land supervision duties; The defendant was ordered to take effective measures to rehabilitate the damaged agricultural land.

The plot involved is located opposite the funeral home in Huainan City. In January 2011, Chen Shandong leased about 6 mu of land from villagers Lv Gang and Yan Kun, of which 4223 square meters were cultivated land, and the rest were forest land and farmland. Without the approval of the land administration department, Chen Shandong built a parking lot on the plot and operated it externally. In March 2013, Chen Shandong transferred the parking lot to Yan Kun for continued operation. Later, Yan Kun laid cement floor on the land, solidified it, and built a simple house. In June 2015, Yan Kun was detained for illegal business. In the second instance of Huainan Intermediate People's Court, Yan Kun was sentenced to three years' imprisonment from June 8, 2015 to June 7, 2018.

In order to protect the cultivated land resources and ecological environment, in October of the same year when Yan Kun was detained, the Procuratorate of Datong District of Huainan sent a procuratorial proposal to Huainan Municipal Bureau of Land and Resources, suggesting that the land supervision responsibilities should be performed according to law, and the illegal occupation of land in this case should be investigated and dealt with in a timely manner according to law. In September 2017, the Datong District Procuratorate again sent a procuratorial proposal to the Huainan Municipal Bureau of Land and Resources, suggesting that the illegal construction of parking lots cause damage to agricultural land; Take effective measures to restore and renovate the damaged agricultural land. In November 2017, Huainan Municipal Bureau of Land and Resources replied: Yan Kun is still serving his sentence, and our staff cannot investigate. Next, our bureau plans to ask the procuratorial department to assist our bureau in investigating and issuing punishment decisions in prison; As for the restoration and treatment of damaged agricultural land proposed in the procuratorial proposal, our bureau believes that the party concerned should carry out restoration and treatment in accordance with the principle of "whoever destroys shall govern". Since the party concerned is currently serving his sentence, it is temporarily impossible to do so. After the party concerned is released from prison, our bureau will urge the party concerned to restore and treat the damaged land.

After receiving the reply, the prosecutor went to Baihu Prison to inquire about Yan Kun, and confirmed that Huainan Municipal Bureau of Land and Resources had not yet imposed administrative punishment on Yan Kun; The site inspection found that the damaged farmland has not been restored. On December 6, 2017, Datong District Procuratorate sued Huainan Municipal Bureau of Land and Resources to Tianjia'an District People's Court as a public interest litigant. The court believed that for the illegal act of destroying cultivated land, Huainan Municipal Bureau of Land and Resources should order the violator to reclaim, or Huainan Municipal Bureau of Land and Resources should order the violator to pay land reclamation fees, organize reclamation on behalf of the violator and impose a fine; However, the land involved in the case has been destroyed since 2011, and Huainan Municipal Bureau of Land and Resources has been negligent in performing its duties. Yan Kun and others have never been given administrative punishment for their illegal acts, resulting in the illegal occupation of the land involved for a long time, and the damaged land cannot be treated in time. Request to confirm that the defendant Huainan Municipal Bureau of Land and Resources is negligent in performing land supervision duties and is illegal; The defendant Huainan Municipal Bureau of Land and Resources was ordered to perform its duties according to law, investigate and deal with Yan Kun and others' illegal construction of parking lots, which resulted in the destruction of agricultural land, and take effective measures to restore and renovate the damaged agricultural land.

On January 16 this year, the Tianjia'an District People's Court heard the case in public. On March 29, the People's Court of Tianjia'an District delivered a judgment on the case. It is reported that before the judgment of the case, Huainan Municipal Bureau of Land and Resources, with the assistance of Datong District Procuratorate, went to Baihu Prison to meet Yan Kun, and successively served the Notice of Ordering to Correct Illegal Acts and the Decision on Administrative Punishment. On December 6, 2017, Huainan Municipal Bureau of Land and Resources, with the cooperation of relevant units, demolished Yan Kun's illegal parking lot.