"Thanks to the court, we can finally return to a peaceful living environment!" Recently, the executive bureau of the Baoshan District People's Court and the Songnan Town Chengguan Law Enforcement Brigade forcibly demolished a pigeon shed built in violation of the law, and the residents clapped their hands and applauded.
This pigeon shed covers an area of about 20 square meters and has been built next to the water tank on the roof of the residential area for more than 20 years, which seriously infringes on the rights and interests of the owners of the community for the common area. At the same time, the noise pollution and excrement pollution caused by raising pigeons also damage the normal quality of life of the surrounding residents, and even cause the pollution of the residents' drinking water many times.
The implementation of this case has positively responded to the problem of "urgency, difficulty, and expectation" that the masses are concerned about, effectively solved the worries and worries of the masses, and enabled the residents of the community to enjoy a normal and peaceful life.
"Judge, I've endured it for more than twenty years, so please force the demolition of the pigeon shed as soon as possible!"
Wei and Cheng are neighbors up and downstairs, Wei lives on the fifth floor, and Cheng lives on the sixth floor. Around 2001, Cheng built a pigeon shed on the roof of the residential building where he lived and raised 50 or 60 pigeons. However, due to the fact that the pigeon shed is close to the water tank of the residential building, the pigeon cage and pigeon breeding debris are piled up around the water tank, and Cheng often directly uses the water in the water tank to rinse the pigeon cage, causing pigeon manure and other pollutants to enter the water tank, seriously polluting the residents' water use and generating drinking water safety problems. Moreover, pigeon dung will often fall on Wei's drying clothes, and the noise of raising pigeons will also seriously affect the peace of life of the residents of the community.
In December 2020, Wei filed a lawsuit against the owner's exclusive right dispute with the Baoshan Court, asking the defendant Cheng to demolish the pigeon shed illegally erected on the top floor.
During the trial, the defendant Cheng argued that he did live on the upper floor of the plaintiff, Wei Mou, but he was a member of the Carrier Pigeon Association, and the construction of the pigeon loft did not hinder the plaintiff, and did not agree to the demolition of the pigeon loft.
The Baoshan Court held that the defendant's construction of a pigeon shed on the top of its building and raising pigeons exceeded the limit of reasonable use of the common roof and had a negative impact on the lives of the plaintiff and other adjacent residents of the community, so the plaintiff's request for the demolition of the pigeon shed was based on law.
In September 2021, the Baoshan court rendered a judgment: the defendant Cheng demolished the pigeon shed erected on the top floor of a residential area in Shanghai within 10 days from the effective date of the judgment and restored it to its original state.
After the judgment took effect, Cheng has not fulfilled his obligations. In February 2022, Wei applied to the Shanghai Baoshan Court for enforcement, requesting the court to forcibly dismantle the pigeon shed built by Cheng.
"Judge, I realized my mistake, but I'm out of town now, and I can't go back..."
After the enforcement case was filed, the enforcement officers in this case immediately contacted Cheng and communicated with him about the relevant circumstances of the application for enforcement. Cheng mou said that he has a certificate of breeding carrier pigeons issued by the "carrier pigeon association", and his pigeon breeding behavior is legal, and now that the pigeons have all been disposed of, he is reluctant to dismantle the pigeon loft.
The enforcement officer pointed out: "The act of raising carrier pigeons as a hobby is not to blame, but as a member of the community, we should consider the feelings of other residents, not disturb the living tranquility of others, properly handle neighborhood relations, and build a livable living environment." Pigeon droppings and debris left on the roof may not only threaten the safety of drinking water for residents, but also cause safety problems in public areas of the community due to disrepair and fall, and must be removed in time. ”
The enforcement officer repeatedly explained the legal theory to the person subject to enforcement through online video conversations, telephone calls, etc., and Cheng realized the harm of his behavior and agreed to dismantle the pigeon shed. However, due to his presence in other places, he could not return to Shanghai due to the impact of the epidemic.
After the court's interpretation of the law, Cheng said that he hoped that the court would forcibly dismantle the pigeon shed, and the relevant demolition costs would be borne by Cheng himself.
The executive officer and Cheng mou conducted an online conversation
"Captain Liu, we both work together to solve this problem together."
Affected by the epidemic in Shanghai in the first half of this year, the compulsory demolition procedure in this case has not been carried out normally. Under the coordination of the executive bureau of the Shanghai Baoshan Court, the enforcement officers and police got in touch with the Songnan Town Chengguan Law Enforcement Brigade, and the law enforcement brigade captain Liu also said after learning of the situation: "Let's work together to solve this problem." ”
After the removal of the pigeon loft
In July 2022, as soon as the epidemic situation improved, the executive police and the Songnan Town Chengguan Law Enforcement Brigade conducted an on-site investigation of the situation of the pigeon shed involved in the case and formulated a specific demolition plan.
Yesterday, the enforcement officers and the Songnan Town Chengguan Law Enforcement Brigade demolished the illegal construction engineering team and arrived at the location of the pigeon shed involved in the case, forcibly demolished and cleared the pigeon shed that had been built illegally for more than 20 years, and removed all the debris around the roof of the residential area and the water tank and restored it to its original state.
Looking at the cleaned roof scene, the applicant for execution could not hide his joy and excitement, and repeatedly expressed his gratitude to the court and relevant units. "You have done it and done it well, so that the people can gain a sense of gain and feel the fairness and justice of the judiciary in the enforcement work of the people's courts." The person applying for enforcement wrote in a message sent to the enforcement officer afterwards.
Correspondent: Hu Mingdong
Editor: Xu Shiheng