Law

"Drive away" illegal buildings in the river management area

2022-12-01   

The demolished illegal building materials are hoisted onto trucks and transported away. The demolition site is orderly and busy. This is the scene that the procurator of Xi County Procuratorate in Henan Province saw at the scene of the rectification of a section of the main stream of the Huaihe River recently. In May 2021, Xixian County Procuratorate will carry out the special action of protecting the Huaihe River, and organize the procuratorial police to touch and drain the main and tributaries of the Huaihe River basin (Xixian section). During the drainage, the procuratorial police found that there were illegal buildings on the main stream of Huaihe River in Yueerwan Village, Sunmiao Township, and sewage flowed into the main stream. After investigation and visit, the prosecutor found that there was a two-story steel structure plank house on the left side of the main stream in the river section, which was about 50 meters long from east to west and about 5 meters long from north to south. The plank house was built in the river management area, occupying the river channel, and the sewage and domestic wastewater from the toilet on the first floor directly flowed into the Huaihe River, which had a certain impact on the water quality of the Huaihe River. After asking relevant personnel nearby, the prosecutor learned that the plank house was originally part of the rural "rural rice space" agricultural eco-tourism park project. Due to lack of funds, poor management, etc., the eco-tourism park is currently in a closed state. When investigating and collecting evidence, the case handling prosecutor also found that in April 2021, the river director's office of the county had issued a notice of assignment to the township government on the problem of disorderly construction of plank houses within the river management scope, requiring the township government to completely correct the relevant problems. In May of the same year, when the prosecutor found the clue to the problem, the township government failed to effectively perform its duties. In August 2021, the Xixian County Procuratorate, according to the investigation, made and issued a pre litigation procuratorial proposal for public interest litigation to the township government according to law, suggesting that it dismantle the illegal buildings in a timely manner, block the drain outlet, ensure the safety of flood discharge in the river, gradually restore the ecological environment of the river, and strengthen daily management. In July this year, the prosecutor handling the case tracked and investigated the implementation of the procuratorial recommendations, and found that there were still traces of life in the illegal building, and the toilet on the first floor was only covered with a black sunscreen, which did not stop using. If the public procurator believes that the township government is negligent in performing its duties and has the problem of false rectification, he/she shall file an administrative public interest lawsuit according to law. After the approval of the Henan Provincial Procuratorate, the Xixian County Procuratorate filed an administrative public interest lawsuit to the court according to law. In October this year, the court held a court session to hear the case, adopted all the opinions of the procuratorial organ, and decided that the township government continued to perform its river management responsibilities. The township government did not appeal the sentence. After the judgment came into effect, the township government attached great importance and organized relevant personnel to carry out rectification work. (Outlook New Times)

Edit:sishi Responsible editor:xingyong

Source:http://www.people.com.cn/

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