[Case Summary]This case involves an administrative review dispute over illegal land occupation. Liu Dashan's legal residential land in Shuguang Village, A County, Xingtai City was occupied by the "Fashion Commercial Street" project without land expropriation or construction permits. Liu Dashan entrusted Beijing Henglu Law Firm to handle the case.Zhi Chao LiOn May 7, 2025, the lawyer mailed the "Application for Investigation of Illegal Activities" to the County Natural Resources and Planning Bureau. After receiving the document, the bureau failed to take action for a long time and only provided a response on July 8, which was unclear. On July 23, the lawyer filed an appeal on behalf of his client. The appeal authority determined that the bureau had failed to investigate the illegal transfer of residential land and provided an unclear response. According to Article 64 (1) (1) of the Administrative Review Law, the bureau was ordered to investigate the illegal activities, revoke the original response, and handle the case anew. **Core disputes**: The performance of the administrative authority's investigation duties and the legality of its response. **Applicable laws**: Articles 59 and 82 of the Land Management Law, and Article 64 (1) (1) of the Administrative Review Law.

I. Review of the case

The villagers are concerned about "what to do if construction is carried out without land acquisition procedures and land occupation" and "what to do if the government ignores the application for investigation and handling of illegal land occupation". The applicant, Liu Dashan, is a villager of Shuguang Village, XXX Town, A County, Xingtai City. He has a legal residential plot in the village and holds certificates from the Qianjin Office and the Village Committee. Currently, the construction party, A County GH Real Estate Development Co., Ltd., is carrying out the construction of the "XXXX Fashion Commercial Street Phase III and IV" project on the site of his residential plot. So far, Liu Dashan has not seen any land acquisition documents, received any resettlement compensation, or signed any agreements. The construction party is carrying out the construction without legal land acquisition procedures or a construction project license, and his legitimate rights and interests have been seriously infringed.

Faced with aggressive development and the passive response of grassroots departments, Liu Dashan entrusted a professional firm specializing in land and administrative legal affairs to handle the matter.Zhi Chao LiThe lawyer formulated a strategy of "first administrative investigation and then supervision of reconsideration". On May 7, 2025, he mailed the "Application for Investigation of Illegal Activities" to the A County Natural Resources and Planning Bureau via EMS, pointing out that GH Company's construction violated Article 59 of the Land Management Law and other regulations, and requested that the company be investigated and the land be returned in accordance with the law. The mail was signed for receipt on May 9. After the expiration of the processing period, the bureau failed to provide a substantive response. On July 23, 2025, the lawyer filed an administrative reconsideration on behalf of the client.

II. The focus of the case

  • Focus 1: Does the Natural Resources and Planning Bureau have the statutory duty to investigate and deal with illegal land occupation?As the competent natural resources departments at or above the county level, should they carry out investigations and punishments in accordance with the law?
  • Focus Two: Whether the bureau's response is factually clear and whether it has fulfilled its duty of investigation and punishment.The reply stated that the on-site investigation complied with the use of the residential land and that the transfer agreement had not been processed, so it was unclear whether it was legal.
  • Focus Three: What should the review organ do in this case?After determining that the respondent failed to take action, will the authority order an investigation and revoke the improper response?

III. Professional intervention by Hengluo Lawyers

The applicant (Liu Dashan) claimed that:The applicant's residential land was illegally occupied by a commercial project. The applicant requests to confirm that the respondent's failure to act is illegal, and orders the respondent to perform its duty of investigation and make a response within a specified time limit.

The respondent (the Natural Resources and Planning Bureau) argued that:The plot was not included in the expropriation; the project procedures are "legal"; Liu Dashan signed the "Rural Homestead Transfer Agreement" in 2021 with a transfer price of 4.5 million yuan; he evaded responsibility for jurisdiction, claiming that the illegal land occupation in the urban area should be investigated by the urban management department; and he claimed that he had already given a reply and delivered it on July 8, 2025.

Legal Opinion from Hengluo Law Firm:Zhai Chao LiThe lawyer pointed out that:

  • The respondent has statutory duties: as a natural resources authority at or above the county level, it has the statutory duty to investigate and deal with illegal land occupation.
  • This constitutes administrative omission: after receiving the application for investigation and handling, the administrative organ failed to perform its duties of responding and investigating within the statutory time limit, without a valid reason, and infringed the applicant's rights and interests.
  • The fact that the rights and interests have been damaged is clear: the land involved in the case is indeed a legal residential base, and it was occupied by a commercial project before it was legally expropriated and compensated, which is a clear fact.
  • Please confirm that the failure to act is not illegal, and order them to perform their duties and respond accordingly.

IV. Outcome of the case

The review organ found through the trial that: the applicant mailed the materials on May 7, and the respondent signed for receipt on May 9. However, the respondent did not deliver the "Reply on Liu Dashan's Application for Investigation" until July 8. Regarding the transfer agreement for the residential land, the review organ pointed out that according to Article 82 of the Land Management Law, the transfer agreement was suspected of being illegal and invalid, and the respondent should investigate and deal with it according to law. Regarding the conclusions of the on-site investigation, the reply stated that "the ground was hardened and partially greened, and the current situation meets the purpose of residential land use", which lacked evidence support and unclear factual determination. Regarding the performance of duties, the reply failed to address the issue of "illegal occupation of the applicant's residential land" and did not reflect that the applicant had been informed to report the matter to the urban management department. The review organ held that the respondent's failure to investigate the illegal transfer agreement constituted a failure to perform its statutory duties, and the reply's factual determination was unclear. According to Article 64 (1) of the Administrative Review Law of the People's Republic of China, the decision is as follows: 1. Order the A County Natural Resources and Planning Bureau to investigate and deal with the illegal act of "the applicant signing the Rural Residential Land Transfer Agreement with Zhang Zhigang"; 2. Revoke the bureau's "Reply on Liu Dashan's Application for Investigation" and order it to reprocess the "Application for Investigation".

5. Henglu Law Firm's Reminder

Legal land expropriation must follow legal procedures. This case is handled by Beijing Henglu Law Firm.Zhai Chao LiThe lawyer (practice license number: 11101202311629788, subject to the document issued by the judicial administrative organ) acts as the agent. Lawyer's advice: In the event of un-expropriated land and forced occupation of residential land without formal procedures, you should promptly apply for information disclosure, apply for illegal investigation and keep the mailing receipts; if the administrative organ fails to act, you can request it to perform its duties through administrative reconsideration; if the transfer agreement of the residential land violates the Land Management Law, you can claim its invalidity.

VI. Common Questions and Answers about Land Acquisition and Demolition Cases

  1. Q:The construction work without land requisition procedures has encroached on my residential land. What should I do?
    A:You can first apply for information disclosure to check the land expropriation approval documents, and then mail the "Application for Investigation of Illegal Activities" to the competent natural resources department to request an investigation and the return of the land; and preserve the ownership of the homestead and the evidence of the construction.
  2. Q:I've applied for an investigation into illegal land occupation, but the government has been ignoring my request. What should I do?
    A:If the administrative organ fails to take action for a long time after receiving the document, the applicant may apply for administrative reconsideration, requesting that the administrative organ be confirmed to have acted unlawfully and be ordered to perform its investigation and handling duties within a specified time limit and to handle the matter again.
  3. Q:Is the rural residential land transfer agreement valid?
    A:The transfer of the right to use residential plots must comply with statutory conditions. Transfer agreements that violate the Land Management Law may be deemed invalid, and relevant authorities should investigate and deal with them in accordance with the law.
  4. Q:What are the steps involved in legally acquiring land for development?
    A:It generally includes advance announcement, on-site investigation, organization of hearings, announcement of compensation plans, signing of compensation agreements, and approval according to law; the acquisition process is prone to disputes if any of these steps are omitted.
  5. Q:How to protect your rights when encountering illegal land expropriation?
    A:Collect evidence, apply for information disclosure, refuse to sign unreasonable documents, and protect rights through legal channels such as mediation, administrative review, or administrative litigation. When necessary, hire a professional lawyer.