[Case Summary]This case is an administrative review case involving the investigation and handling of land violations. Zhang ** is a villager of Shuguang Village, XX Town, A City, Shandong Province, and legally enjoys the right to contract and operate rural land. However, Wang ** in the same village built a permanent brick-concrete building on his contracted land without approval, converting the agricultural land into construction land. Zhang ** entrusted Beijing Henglu Law Firm to handle the case.\nQiu JuanThe lawyer safeguarded the client's rights. In April and June 2025, the lawyer submitted the "Application for Investigation" to the Natural Resources Bureau of A City on behalf of the client, but the bureau failed to respond within the legal time limit. The lawyer filed two administrative reconsideration requests. The first request ordered the bureau to respond within 60 days, and the second request challenged the bureau's transfer of the case to the town government on the grounds of "violation of rural planning" and its evasion of statutory duties. The reconsideration authority determined that the responsibility for investigating illegal land occupation lay with the bureau, in accordance with Articles 67 and 77 of the Land Management Law, and revoked the "Reply on Investigation of Illegal Activities" and ordered the bureau to respond within 60 days. The core dispute: the independent investigation responsibility of the natural resources department for illegal land occupation. Applicable laws: Articles 3, 67, 77 of the Land Management Law of the People's Republic of China, Article 25 of the Administrative Punishment Law, Article 65 of the Urban and Rural Planning Law, and Article 64 of the Administrative Reconsideration Law.

I. Review of the Case

The contracted land being forcibly occupied by neighbors for house construction, and the Natural Resources Bureau failing to take action, are typical cases of searching for "how to report the forcible occupation of contracted land for house construction", "what to do if the Natural Resources Bureau fails to perform its duties", and "who will investigate the illegal occupation of land". Zhang ** is a villager of Shuguang Village, XX Town, A City, Shandong Province, and legally enjoys the right to contract and operate rural land on the land in question. Wang **, a villager in the same village, illegally built a permanent brick-concrete structure on Zhang **'s contracted land without approval, directly converting agricultural land into non-agricultural construction land, seriously infringing Zhang **'s rights and interests.

In order to protect his rights and interests, Zhang * entrusted the Beijing Henglu Law Firm to handle the case for him.Qiu JuanAttorney. The attorney sorts out the core legal issues: The core of this case lies in the "illegal occupation of contracted land" and "the use of agricultural land for non-agricultural construction", which violates the strict protection provisions of the Land Management Law for cultivated land. The Natural Resources Bureau of A City is the statutory subject for investigating and dealing with such illegal acts. In April and June 2025, the attorney on behalf of the client mailed the "Application for Investigation and Handling" to the Urban Planning Bureau, but the bureau failed to respond on time. After the first reconsideration, on October 23, 2025, the A City government ordered the bureau to respond within 60 days; on December 12, 2025, the Urban Planning Bureau only transferred the clues to the town government in accordance with the Urban and Rural Planning Law. The attorney considered this as evading responsibility and filed for administrative reconsideration again.

II. The focus of the case

  • Focus 1: Who will investigate the illegal occupation of contracted land and the non-agricultural construction on agricultural land?Can the natural resources authorities, as the statutory investigative entities, evade responsibility by citing violations of rural planning regulations?
  • Focus 2: Whether the reply fulfills the statutory duties.Is transferring the clues to the town government a procedural evasion rather than a decision to fulfill its duty to handle the matter?
  • Focus Three: The Legal Effects of the Review Decision.Can revoking the reply and ordering a new reply effectively promote the investigation and punishment of the case?

III. The professional intervention of Hengluo Law Firm

The applicant (Zhang **) claimed that:The contracted land was illegally occupied for building a house. We request the Natural Resources Bureau to perform its law enforcement duties in accordance with the law, order the cessation of the illegal activities, and restore the original state of the land.

The respondent (the Customs and Excise Department) argued that:The reply letter has been delivered and the clues have been handed over to the XX Town Government. According to Article 3 of the Land Administration Law, Article 25 of the Administrative Punishment Law, Article 65 of the Urban and Rural Planning Law, and the local duty list, the case-related acts should be handled by the town government. We request that the appeal request be rejected.

Hengluo Lawyer's Agency Opinion:Qiu JuanThe lawyer argued that:

  • The core issue is the illegal occupation of contracted land and the construction of non-agricultural buildings on agricultural land, which violates the mandatory provisions of the Land Management Law. The Urban Planning Bureau is the statutory entity responsible for investigating and dealing with such violations
  • Even if it involves a violation of rural planning, it does not affect, let alone replace, the independent investigation and punishment duties of the natural resources authorities for land violations. The respondent is evading his statutory duties
  • The review decision has explicitly required "to make a response", which should be a decision on the handling of the application for performance of duties rather than a procedural evasion; the respondent's actions have led to the continuation of the illegal state and the infringement of the applicant's rights and interests

IV. Outcome of the case

The review organ believes that the focus of the dispute is whether the respondent fulfilled its duties. According to Article 67 Paragraph 1 and Article 77 Paragraph 1 of the Land Management Law, the competent natural resources departments at the county level and above shall supervise and inspect violations of land management laws and regulations, and have the right to order the return of illegally occupied land, demolition within a specified time limit, and fines, etc. The applicant reported "illegal occupation of contracted land" and "non-agricultural construction on agricultural land", which are legally the respondent's responsibilities. The applicant cited Article 65 of the Urban and Rural Planning Law and the local list to claim that it is improper for the town government to be responsible. According to Article 64 of the Administrative Review Law, it is decided that: First, the respondent's "Reply on Handling the Violation" dated December 12, 2025 shall be revoked; Second, the respondent shall be ordered to make a new reply within 60 days. The planning bureau can no longer "shrug it off", but must conduct substantive investigations and inform the results in writing.

5. Hengluo Law Firm's Advice

When contracted land is illegally occupied, the competent departments of natural resources have the statutory duty to investigate and deal with the case, and cannot shirk responsibility by citing violations of planning regulations. This case is handled by Beijing Henglu Law Firm.Qiu JuanThe lawyer (practice license number: 11101201811026953, subject to the document issued by the judicial administrative organ) acted on behalf of the client. The lawyer accurately refuted the excuses through two rounds of reconsideration, clearing the obstacles for the client to protect their rights.

VI. Common Questions and Answers about Investigating and Handling Land Violations

  1. Q: How to report the illegal occupation of contracted land for building a house?
    A:You can mail the "Application for Investigation and Punishment" to the natural resources competent departments at the county level or above, requesting them to order the return of the land, demolish the illegal structures within a specified time limit, and impose fines in accordance with the Land Management Law. If the authorities fail to take action, you can apply for administrative reconsideration.
  2. Q: What should I do if the Natural Resources Bureau fails to perform its duties?
    A:For those who fail to respond within the time limit or provide evasive responses, they may apply for administrative reconsideration to the government at the next higher level, requesting confirmation of their failure to perform their duties and ordering them to perform their duties.
  3. Q: Who will investigate and deal with illegal land occupation?
    A:The natural resources competent departments of people's governments at or above the county level shall be responsible for supervising, inspecting and handling the illegal occupation of land. They cannot simply transfer the matter to the township governments because it violates the rural planning.
  4. Q: Is it illegal to convert agricultural land into construction land?
    A:Changing agricultural land into construction land without approval violates the provisions of the Land Management Law on the strict protection of cultivated land. The competent departments of natural resources shall investigate and deal with it in accordance with the law.
  5. Q: What should I do if I still don't check the answer after being ordered to respond again during the review process?
    A:The review decision has legal effect, and the respondent is required to investigate and address the matter substantially and inform the applicant in writing. If the respondent still fails to perform the obligations, the applicant may apply for compulsory enforcement or continue to seek remedies in accordance with the law.