In September and November 2022, the Ministry of Natural Resources publicly listed and supervised four cases of illegal land use. On August 29, 2023, according to the Measures of the Ministry of Natural Resources for Supervising and Publicly Reporting Cases of Violation of Laws and Regulations, the Ministry of Natural Resources reported the investigation and handling results of four cases.
Source: website of the Ministry of Natural Resources
1. The problem of illegal occupation of land by Longde Real Estate Development Co., Ltd. in Datong City, Shanxi Province to build a golf course
The golf course project of Datong Longde Real Estate Development Co., Ltd., namely the golf course of Shanxi Datong Tulin Eco-tourism and Sightseeing Park, is located in Xingsheng Village and Jianpu Village, Dangliuzhuang Township, Yunzhou District, Datong City (formerly datong county, county reform area in 2018). Construction started in August 2012, and by November 2014, the underground facilities of the West Stadium (9 holes) and the East Stadium were completed, covering a total area of 954.51 mu (451.77 mu in the West Stadium and 502.74 mu in the East Stadium), including 81 mu of cultivated land, 1.85 mu of rural roads and 871.66 mu of unused land, and the stadium was not put into operation. After the merger of Datong Longde Real Estate Development Co., Ltd. in January 2017, the construction of Yun Qi Nongkanglv Ecological Leisure Sports Project was implemented on the original stadium. The golf course has not been investigated and rectified according to the relevant requirements, and the characteristics of the golf course have not been completely eliminated until July 2022. At present, the stadium involved has been banned.
Datong municipal government and enterprises initialled the cooperation framework agreement and inspected the imported projects. The executive meeting of the municipal government, the special meeting of the municipal government and other decisions were implemented by the former datong county municipal government and the pre-project construction was promoted. There were some problems such as lax control and inadequate supervision. From August, 2010 to November, 2014, the former Datong County Party Committee and the county government included the golf course project into the construction of the eco-sports park in the supplementary agreement through the special meeting of the party and government of the county party Committee, the standing meeting of the county government, the office meeting of the county magistrate, and the special meeting, etc. Later, although the clauses related to the golf course were abolished and the supplementary agreement was re-signed, the relevant construction was not stopped in time, which resulted in the fact that the golf course illegally occupied land, which constituted the illegal approval of land use. In addition, there are problems such as ineffective cleaning and rectification of golf courses in Yunzhou District and illegal occupation of land by Datong Longde Real Estate Development Co., Ltd.
Shanxi Provincial Department of Natural Resources made clear the handling opinions after organizing the investigation:Confirm that the contents related to golf courses in the minutes and documents of relevant meetings of Datong Municipal Government and the former Datong County Party Committee and County Government are invalid, and confirm that the contents related to the transfer of land for non-agricultural construction in the agreement and supplementary agreement signed between the former datong county Municipal Government and enterprises are invalid, and Datong Longde Real Estate Development Co., Ltd. should use the transferred land according to laws and regulations. The Yunzhou district government was ordered to control the farmland illegally occupied by the golf course project and restore the farming conditions, and return it to the collective economic organization to ensure the agricultural use of farmland. Dispose of illegal buildings (demolished) according to the law and regulations. In accordance with the cadre management authority, the problem clues will be transferred to the discipline inspection and supervision organs for accountability according to the law.
Two, Haikou City, Hainan Province Landscape and Environmental Sanitation Administration illegal land construction ecological restoration project.
The first-phase water system ecological restoration project in the south area of the West Coast New District of Haikou City is located in Changliu Town and Xixiu Town, xiuying district City, Haikou City. The construction unit is Haikou City Garden and Environmental Sanitation Administration. The construction contents include connecting and expanding rivers, topographic arrangement and cross-strait greening according to the flood control and drainage planning. Construction started in July 2019 and stopped in October 2021, covering a total area of 1,099.34 mu, including 291.23 mu of cultivated land, 417.24 mu of forest land, 25.23 mu of other agricultural land, 315.88 mu of construction land and 49.76 mu of unused land, which were used to excavate rivers (67.04 mu of cultivated land) and plant trees and grass on both sides of the river. At present, 857.50 mu has gone through the formalities of agricultural land conversion and land expropriation (46.93 mu has not gone through the formalities of land supply), 200.92 mu of land (35.54 mu of cultivated land) has not yet completed the formalities of agricultural land conversion and land expropriation, and 40.92 mu of state-owned construction land has not gone through the formalities of land supply.
From December, 2010 to July, 2019, without going through the land use formalities according to law, the Haikou Municipal Government decided that the xiuying district Municipal Government would carry out land acquisition by holding a special meeting, determining the starting time and urging the construction to start, and the Haikou Municipal Bureau of Landscape Architecture and Environmental Sanitation organized the construction, which constituted an illegal act of approving land acquisition and use. In the process of project construction, the relevant departments and units failed to perform their supervisory duties.
Hainan Provincial Department of Natural Resources and Planning made clear the handling opinions after organizing the investigation:It is confirmed that the relevant contents in the relevant special meetings and documents of Haikou Municipal Government involving illegal approval of land acquisition and use are invalid, and the land use shall be handled in accordance with laws and regulations. For the land that has not yet obtained the land use procedures, the land use procedures shall be improved according to the national land spatial planning after the illegal problems are disposed in place. In accordance with the cadre management authority, the problem clues will be transferred to the discipline inspection and supervision organs for accountability according to the law.
Third, the problem of illegal land use by Global Century Exhibition Tourism Group Co., Ltd. in Renshou County, Meishan City, Sichuan Province to build a global Sunac future city project
Universal Sunac Future City Project, namely legoland Project, is located in Shigao Street, Renshou County, and is invested and constructed by Zhongjun Tianxin (Beijing) Culture Co., Ltd. and Global Century Exhibition and Tourism Group Co., Ltd. The project started from June 2020 to October 2021, covering a total area of 5,067 mu. Among them, 3,660 mu of agricultural land conversion, land acquisition and land supply procedures were handled before the start of construction; 550 mu of agricultural land conversion and land expropriation have been handled, but the land has not been provided for the construction of sales department and parking lot; Construction started on 857 mu without going through the formalities of agricultural land conversion and land expropriation. At present, 646 mu has gone through the formalities, and there are still 211 mu without going through the formalities of land use for building green landscapes, amusement facilities and roads.
From June 2018 to April 2021, Renshou County Party Committee and county government organized and promoted the implementation of land acquisition, compensation and project construction by setting up a leading group for promoting work, a project promotion headquarters, and convening the standing committee of the county party Committee and the county government and other relevant meetings without going through the land use procedures according to the law, which constituted an illegal act of approving land acquisition and use. Relevant units and departments have problems such as illegal land acquisition compensation, promoting the construction of projects and some supporting facilities, and inadequate supervision and inspection.
Sichuan Provincial Department of Natural Resources made clear the handling opinions after organizing the investigation:Confirm that the contents of the relevant meetings of Renshou County Party Committee, county government and project promotion headquarters involving illegal approval of land acquisition and use are invalid. Recover the land illegally approved for expropriation and use according to law; For the land that has not yet gone through the formalities for land use, it shall be ordered to restore the original state of the land and return it to the original collective economic organization. Built buildings (structures) on the ground, after the disposal of illegal problems is in place, improve the land use and construction procedures according to the law. In accordance with the cadre management authority, the problem clues will be transferred to the discipline inspection and supervision organs for accountability according to the law. The Renshou County Party Committee and the county government were instructed to make an in-depth inspection to the Meishan Municipal Party Committee and the Municipal Government.
Four, Sichuan Dazhou Dachuan District "Tianyingzhai" Ginkgo Landscape Forest Demonstration Park illegal land use.
Tianyingzhai Ginkgo Landscape Forest Demonstration Park Project is located in Wanjia Town, Dachuan District, Dazhou City, including Ginkgo Planting Park, Ginkgo Avenue, Baidao Flower Lake, Commercial Street, Reception Center, Tianyingzhai B&B and so on. The construction unit of Yinxing Avenue is Dazhou Daoda Transportation Development Co., Ltd., and others are mainly invested and constructed by Sichuan Youteng Agricultural Technology Co., Ltd. The project was constructed from February 2017 to December 2021, covering a total area of 16,700 mu (75.53.36 mu of cultivated land, including 18.96.62 mu of permanent basic farmland), including: 14,800 mu of ginkgo forest (5,822.52 mu of cultivated land, including 1,044.41 mu of permanent basic farmland); 574.28 mu of non-agricultural construction (415.33 mu of cultivated land, including 3.62 mu of permanent basic farmland), of which 557.21 mu of land has not gone through land use procedures; The original purpose of 1347.62 mu (1298.44 mu of cultivated land, including 848.59 mu of permanent basic farmland) has not been changed.
Dachuan District Party Committee and District Government arranged relevant units and departments and development enterprises to implement land acquisition compensation and promote project construction in the name of land transfer by signing investment agreements and convening the Standing Committee of the District Party Committee and the Standing Committee of the District Government, which constituted illegal approval of land acquisition and use. In addition, there are problems such as illegal preparation and approval of urban and rural planning, illegal return of land transfer fees, and failure of relevant units and departments to perform supervision and inspection duties according to laws and regulations.
Sichuan Provincial Department of Natural Resources made clear the handling opinions after organizing the investigation:It is confirmed that the contents of relevant meetings of Dachuan District Party Committee and District Government involving illegal approval of expropriation, land use and illegal return of land transfer fees are invalid, and the land is recovered according to law and returned to the original collective economic organization, and the Dachuan District Government will correct the problem of illegal return of land transfer fees. After the illegal problems are disposed of in accordance with the law, corrective measures such as improving relevant procedures, restoring cultivated land planting or forestry planting will be taken respectively; For planting ginkgo trees on cultivated land, we should handle them safely and prudently, and withdraw or rectify them in an orderly manner. The Dazhou municipal government shall order it to correct the problem of illegal and illegal preparation and approval of urban and rural planning. In accordance with the cadre management authority, the problem clues will be transferred to the discipline inspection and supervision organs for accountability according to the law. Instruct Dachuan District Party Committee and District Government to make an in-depth inspection to Dazhou Municipal Party Committee and Municipal Government.
Editor-in-Chief: Zhang Wu
Text Editor: Yang Rong
Author: People’s Network
Title map source: map worm
Photo editor: Su Wei