The picture of the demolished plant is provided by the interviewee
On May 22, 2024, Pengpai News learned from Mr. Peng, the relevant person in charge of Jiangsu Tianding Shipyard Co., Ltd. (hereinafter referred to as "Tianding Shipyard") that the court of Jiangbei New Area in Nanjing will hold a court session on June 14 to hear the administrative compensation lawsuit filed by the company.
Tianding Shipyard was forcibly demolished by Qiaolin Sub district Office of Nanjing Pukou District Government in August 2019. The court ruled that Qiaolin Subdistrict Office directly organized relevant personnel to demolish the buildings involved without investigation and determination of legal procedures, which was an act beyond the legal authority and in violation of legal procedures, and was revoked according to law. However, since this act has actually occurred and is not revocable, it should be confirmed that it is illegal according to law.
Previously, Tianding Shipyard filed an administrative compensation lawsuit with the court of Jiangbei New Area in Nanjing in May 2022, hoping that the court would save judicial resources and reduce the amount of direct compensation losses accumulated by the parties. However, the court held that Qiaolin Subdistrict Office should continue to conduct a comprehensive investigation of Tianding Shipyard's assets and other conditions. On the basis of finding out the facts, in accordance with the principles of comprehensive compensation and fairness and reasonableness, and taking into account the compensation methods and standards of other similar projects, it should first deal with them and make a decision on travel political compensation. On November 3, 2023, Qiaolin Sub district Office made the Administrative Compensation Decision, deciding to compensate Tianding Shipyard with more than 34.08 million yuan. Tianding Shipyard believed that the amount of compensation was inconsistent with the company's assets, so it once again filed an administrative lawsuit with the Jiangbei New Area Court.
Court: The subdistrict office's forced demolition exceeds the statutory authority and violates the statutory procedure
Mr. Peng, the relevant person in charge of Tianding Shipyard, said that in 2002, Tianding Shipyard was introduced as an investment attraction project and registered to operate in Shuangyun Village, Qiaolin Street, Pukou District, Nanjing. In 2018, the Nanjing Municipal Party Committee and the Nanjing Municipal People's Government formulated the Rectification Plan for Nanjing to Implement the Feedback of the First Environmental Protection Supervision Group of Jiangsu Province on the basis of the supervision opinions fed back by the First Environmental Protection Supervision Group of Jiangsu Province, and included the "Bridge Forest Ten Mile Shipbuilding Belt" in the Three Year Plan for the Protection, Development and Utilization of the Yangtze River Shoreline. In March 2019, the Pukou District Government formulated the Implementation Plan for 2019 Special Renovation along the Changjiang River in Pukou District (hereinafter referred to as the Implementation Plan), which included Tianding Shipyard in the scope of demolition.
Mr. Peng said that, according to the requirements of the Implementation Plan, the demolition subsidy policy and standard should be formulated by the Pukou District Demolition Center, and then Qiaolin Street should complete the investigation, submit data, and evaluate the assets (real estate) of the demolition project, and be responsible for the specific work of special demolition. However, at about 4:00 a.m. on August 9, 2019, when the aforementioned related pre work was not completed, Qiaolin Sub district Office organized personnel to forcibly dismantle Tianding Shipyard.
Tianding Shipyard sued Qiaolin Sub district Office to Nanjing Jiangbei New District Court. Qiaolin Subdistrict Office argued that the buildings in Tianding Shipyard were illegal and their demolition was lawful. On June 20, 2021, the court of Jiangbei New Area made a judgment of first instance, confirming that the administrative act of Qiaolin Sub district Office to remove the factory buildings, equipment and structures of Tianding Shipyard on August 9, 2019 was illegal.
According to the judgment, the court of Jiangbei New Area believed that the demolition of the factory buildings and facilities of Tianding Shipyard was organized and implemented by Qiaolin Neighborhood Office to fulfill the main responsibility of the rectification and demolition work in combination with the on-site demolition and other evidence of the case. According to relevant laws and regulations, the unit responsible for the work of relatively centralized punishment power within the area of Pukou District and the authority to investigate and deal with suspected illegal buildings within the area of jurisdiction is Nanjing Pukou District Urban Administration and Law Enforcement Bureau, and there is no corresponding authority given by relevant laws, regulations or rules to Qiaolin Neighborhood Office to investigate and deal with suspected illegal buildings within the area of jurisdiction. It cannot be done without authorization. In this case, Qiaolin Subdistrict Office also directly organized relevant personnel to demolish the building involved without investigation and determination according to the procedures specified by relevant laws and regulations. This act is beyond the legal authority and violates the legal procedures, and should be revoked according to law. However, in view of the fact that the act has actually occurred and is not revocable, it should be confirmed that it is illegal according to law.
Qiaolin Subdistrict Office refused and appealed to Nanjing Intermediate People's Court. On January 27, 2022, the Nanjing Intermediate People's Court held that the facts of the first instance judgment were clear, the application of law was correct, and the procedure was legal. It rejected the appeal of Qiaolin Sub district Office and upheld the original judgment.
The shipyard filed an administrative compensation lawsuit, and the court believed that the street investigation should be followed by Make compensation decision
After the court confirmed that the judgment of Qiaolin Sub district Office on forced demolition was effective, Tianding Shipyard immediately filed an administrative compensation lawsuit with the Jiangbei New District Court, requesting Qiaolin Sub district Office to compensate for its losses. Mr. Peng said that the company had entrusted an appraisal company to evaluate the company's property in 2018. On September 10, 2018, the appraisal company issued the Appraisal Report, and the appraisal price was 133 million yuan (the benchmark date was June 30, 2018). Mr. Peng believes that because the company has been forcibly demolished and the subject matter has been lost, Qiaolin Sub district Office should compensate according to the Evaluation Report.
The court of Jiangbei New Area held that the forced demolition of Tianding Shipyard by Qiaolin Neighborhood Office had been confirmed illegal by an effective judgment. According to the relevant provisions of the National Compensation Law, Qiaolin Neighborhood Office should compensate for the legal direct losses of Tianding Shipyard caused by the demolition process according to law. According to the requirements of the Implementation Plan, Qiaolin Sub district Office is obliged to investigate and assess the assets of the Tianding Shipyard Demolition Project, but Qiaolin Sub district Office has not fully completed the relevant work. Now both parties have different opinions on the number, ownership and compensation standard of the demolished plants, equipment and structures. In order to reflect the continuity, consistency and fairness of laws, regulations and relevant policies, and help to safeguard the legitimate rights and interests of Tianding Shipyard to the maximum extent, Qiaolin Sub district Office should continue to conduct a comprehensive investigation on the assets of Tianding Shipyard in this case, On the basis of finding out the facts, according to the principles of comprehensive compensation and fairness and reasonableness, comprehensively consider the compensation methods and standards of other similar projects, deal with them in advance and make administrative compensation decisions.
On March 30, 2023, the Jiangbei New District Court made a judgment, ordering Qiaolin Sub district Office to make a compensation decision within three months after the judgment came into effect.
Tianding Shipyard appealed that the company's claim was the loss of value of the demolished factory. The court of first instance should make a clear assessment on the price of compensation for the dispute and directly order Qiaolin Sub district Office to pay a certain amount of compensation. However, the first instance decision handed over the right to make compensation to Qiaolin Sub district Office, and the amount of compensation was determined by Qiaolin Sub district Office, In this way, the compensation case that originally belonged to the action of payment has been handled by the court of first instance as an administrative case of action of performance of duties. If the judgment of first instance comes into effect, new disputes will arise between the two parties, which will consume judicial and administrative resources at that time, making an administrative compensation action cycle. In addition, the first instance order of Qiaolin Sub district Office to make a compensation decision is essentially to let Qiaolin Sub district Office perform the responsibility of collecting compensation. The judgment is inconsistent with the judicial spirit of the Supreme Court case that "compensation cannot be replaced by compensation", which will encourage the style of illegal administration of administrative organs.
On August 14, 2023, the Nanjing Intermediate Court made a judgment to reject the appeal of Tianding Shipyard and uphold the original judgment.
Nanjing Intermediate Court rejected the appeal of the shipyard. The picture shows the court information
Considering that the compensation amount of the subdistrict office can not make up for the loss, the shipyard will bring an administrative compensation lawsuit to court
On November 3, 2023, Qiaolin Sub district Office made the Administrative Compensation Decision, deciding to compensate Tianding Shipyard with more than 34.08 million yuan.
According to the Administrative Compensation Decision, in 2020, Pukou District Water Affairs Bureau took the lead in drafting the Guidelines for the 2019 Yangtze River Shoreline Special Renovation in Pukou District, which was reviewed by the Standing Committee of the District Party Committee. The assessment unit evaluated Tianding Shipyard and issued an assessment report according to the aforementioned guidelines and relevant regulations. The authority (note: Qiaolin Sub district Office) decided to give Tianding Shipyard more than 34.08 million yuan in total of unregistered house, decoration, accessories, seedlings, production and business suspension losses according to the effective judgment of the court and the evaluation report.
Mr. Peng believed that Qiaolin Sub district Office "compensated with awards" and "compensated with subsidies", and the amount of compensation was far less than the losses suffered by the company, which also confirmed its previous concern. In desperation, Tianding Shipyard filed a lawsuit for administrative compensation again.
On May 22, Mr. Peng received a subpoena from the Jiangbei New District Court, which indicated that the court would start hearing the case on June 14.
