The author previously wrote an article about the litigation process of the demolition of a legal farm in Dulan County and the lack of compensation. Today, Ms. Tang transmitted to me a copy of the "Compensation Decision" issued by the Dulan County Government, which she just received. The compensation decision states:
According to the Administrative Judgment of the Intermediate People's Court of Haixi Mongolian and Tibetan Autonomous Prefecture of Qinghai Province (2023) Qing 28 Xingchu No. 1 and the Intermediate People's Court of Haixi Mongolian and Tibetan Autonomous Prefecture of Qinghai Province (2023) Qing 28 Zhi No. 200 Enforcement Ruling, this organ believes that Article 25 of the Regulations on the Prevention and Control of Pollution from Large-scale Livestock Breeding stipulates that: Urban and rural planning adjustment and demarcation of prohibited breeding areas, or due to the comprehensive improvement of seriously polluted livestock and poultry breeding areas, it is necessary to close or relocate existing livestock and poultry breeding sites, resulting in economic losses for livestock and poultry farmers, by the local people's governments at or above the county level shall be compensated in accordance with the law, Dulan Shuwang pig breeding professional cooperatives have not completed the closure and relocation in accordance with the requirements of the closure notice, and there is no fact of economic losses suffered due to shutdown or relocation, does not meet the conditions and basis for compensation. In line with the principle of making the county's aquaculture industry stronger and bigger, the following decisions are made on this matter:
The relevant industry departments will actively apply for the 2024 industrial development project of your cooperative to support the development of the aquaculture industry.
If you are not satisfied with this decision, you may apply to the People's Government of Haixi Mongolian and Tibetan Autonomous Prefecture for administrative reconsideration within 60 days from the date of receipt of this decision, or file an administrative lawsuit with the Intermediate People's Court of Haixi Mongolian and Tibetan Autonomous Prefecture within six months. During the period of administrative reconsideration or administrative litigation, the enforcement of this decision shall not be suspended.
In this case, the Haixi Prefecture Intermediate People's Court issued a compulsory enforcement order, requiring the Dulan County Government to make a Compensation Decision within a time limit.
This "Compensation Decision" made on December 18, 2023 is similar to the "No" issued by Dulan County on January 27, 2022
Compensation Decision", except for the addition of "the relevant industry departments will actively apply for the 2024 industrial development project of your cooperative to support the development of the aquaculture industry", there is no difference. As for the reason for not paying compensation: "Dulan Shuwang Pig Breeding Professional Cooperative has not completed the closure and relocation in accordance with the requirements of the closure notice, and there is no fact that it has suffered economic losses due to the closure or relocation, which does not meet the conditions and basis for compensation." According to Ms. Tang, the relocation was completed in 2019.
The gate of the current farm
The gate of the original farm
There is no such thing as "failure to complete the shutdown and relocation in accordance with the requirements of the closure notice" as stated in the reasons for non-compensation. How is the reason for this inconsistency with the fact that the closure and relocation have already been completed? Is this a lie? This requires an explanation of the facts and circumstances by Dulan County.
The Intermediate People's Court of Haixi Prefecture issued a Notice of Case Closure stating that "all enforcement has been completed" in accordance with the Compensation Decision issued by Dulan County.
Now Ms. Tang is caught up in the next round of proceedings. What should the people do about this "Compensation Decision", which is different from the above-mentioned "Decision on Non-Compensation"?
For the increase in "project support declaration", the author specifically consulted relevant people. For subsidized project support, it is a special fund. If there is no actual project, it will be suspected of fraudulent compensation.
The previous situation of the article: https://m.toutiao.com/is/iLbXDHY8/ - Citizen Comment丨Where does Dulan County come from the confidence that even the court can ignore the enforcement - Today's headlines
What is the significance of this kind of "decision letter" and "notice of closure" that make ordinary people fall into endless procedural idling and litigation burden?