[Case Summary]This case involves a dispute over land administrative penalties and administrative reconsideration. Zhang * from Yichang, Hubei Province, whose certified forest land was illegally occupied by H Company for factory construction, has been waiting for a long time for a response and action from the administrative authorities after the case was filed. Zhang * has entrusted Beijing Henglu Law Firm to handle the case for him/her.Song MeinaThe lawyer initiated the disclosure of information to identify illegal land occupation, then filed an administrative review to confirm that the comprehensive administrative law enforcement bureau failed to perform its duties in accordance with the law, and urged it to impose an administrative penalty on H Company, including confiscating the building, returning the land, and fining 10,405.65 yuan. The core controversy is whether the administrative organ's failure to respond to the investigation application constitutes omission of duty; and the application of the Forestry Law, the Land Administration Law, and the Administrative Review Law.

I. Review of the case

My own forest land was occupied by an unknown entity for the construction of a factory, and no department was willing to deal with it when I reported the matter to them. Many people search for "How to report the illegal occupation of forest land?" and "Is it illegal for administrative authorities not to respond to applications for investigation and handling?" Zhang * is the holder of a forestry rights certificate in a village in Yichang City. Between 2013 and 2014, he found that his forest land was occupied for the construction of office buildings, factories, and warehouses. After years of unsuccessful efforts to protect his rights, Zhang * entrusted the Beijing Henglu Law Firm to handle the case for him.Song MeinaAttorney. The attorney guided his client to apply for information disclosure in June 2025, confirming that the plot of land had no legal procedures for expropriation; in July, he submitted an application for investigation and punishment; in September, he represented the client in sending the "Application for Investigation and Punishment of Illegal Land Occupation" to the District Comprehensive Administrative Law Enforcement Bureau, but the bureau failed to respond or perform its duties after receiving the application for a long time.

II. The focus of the case

  • Focus 1: Does the Comprehensive Administrative Law Enforcement Bureau have the authority to investigate and deal with violations?According to the approval of the district government, the bureau exercises the administrative punishment power in the field of natural resource management and is responsible for investigation and punishment.
  • Focus 2: Does not replying after receiving the application constitute omission of action?If the reporting person does not receive a response within the statutory time limit, does this constitute a violation of their statutory duties?
  • Focus 3: How to force entities to be held accountable.The connection from confirming the illegality of the procedure to pushing for the imposition of substantive penalties on Company H.

III. Professional intervention by Hengluo Law Firm

The applicant (the opposing party) alleges that:Zhang claimed that his forest land was illegally occupied by Company H. He has mailed the "Application for Investigating and Handling Illegal Land Occupation", but the respondent failed to reply or perform their duties after signing for the document. He requests that the respondent's failure to perform their duties be confirmed as illegal and that they be ordered to fulfill their obligations.

The respondent's (administrative organ's) position:The Integrated Administrative Law Enforcement Bureau said that it has filed a case against Company H based on the clues handed over by other units, but it has never given any response to Zhang*.

Legal Opinion from Hengluo Law Firm:Song MeinaThe lawyer cited Articles 15, 73, and 74 of the Forestry Law and Article 77 of the Land Management Law to argue that the respondent had an obligation to investigate and take action, but failed to fulfill its duties. According to Article 6 of the Interim Measures for Reporting Violations of Natural Resources and Ecological Environment in Hubei Province, the receiving unit should respond to the reporter within 60 days, and the respondent's failure to respond was indeed inappropriate.

  • The key signal of applying for information disclosure is the locking of "no legal expropriation procedures".
  • Submit the application for postal investigation and keep the receipt as evidence to prove the other party's negligence in performing their duties
  • Draft the appeal document and cite the Forestry Law and the Land Management Law to demonstrate the duty to perform one's duties

IV. Outcome of the case

The review organ adopted the lawyer's opinion and determined that the respondent had the statutory power to investigate and deal with the case, and failed to respond to the applicant within the statutory time limit after receiving the application on September 25, 2025, thus failing to fully perform its statutory duties. In accordance with Article 66 of the Administrative Review Law of the People's Republic of China, it decided to confirm that the respondent's failure to fully perform its statutory duties within the statutory period was illegal, and ordered it to perform its statutory duties within 60 days from the date of receipt of the decision. Subsequently, the District Comprehensive Administrative Law Enforcement Bureau conducted a comprehensive investigation of H Company and imposed a penalty in accordance with Article 76 of the Land Management Law (2004 Edition): to return the illegally occupied land of 2081.13 square meters, confiscate buildings and other facilities, and impose a fine of 10,405.65 yuan per square meter, totaling 10,405.65 yuan.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Song MeinaThe attorney (practice license number: 11101202511880410, subject to the document issued by the judicial administrative organ) acts on behalf of the client. Attorney's Tip: If forest land or land is illegally occupied, you can first apply for government information disclosure to identify the approval and ownership, and then submit an investigation application to the competent administrative organ. If the organ fails to respond or perform its duties, you can file an administrative review to confirm the violation and order the organ to perform its duties, using procedural disputes to force the responsible party to bear legal responsibility.

VI. Common Questions and Answers about Land Acquisition and Demolition and Cases of Illegal Land Occupation

  1. Q: How to report the illegal occupation of forest land?
    A:First, apply to the natural resources and planning department for information disclosure to confirm the approval status, and then submit a written investigation application to the comprehensive law enforcement agency with punitive powers and keep the relevant evidence.
  2. Q: Is it illegal for administrative authorities not to respond to applications for investigating violations of the law?
    A:It's illegal. The accepting unit shall reply to the reporter on the handling of the case within the prescribed time limit. If it fails to reply or perform its duties for a long time, it may be reviewed to confirm the illegality and ordered to perform its duties.
  3. Q: Can administrative reconsideration order the administrative organ to perform its duties?
    A:Yes. According to the Administrative Review Law, in the case of omission of duty, it can be decided to confirm the violation and order the obligated party to perform its statutory duties within a specified timeframe.
  4. Q: What penalties will be imposed for illegally occupying land?
    A:They may be ordered to make corrections within a specified time limit, return the land, confiscate the buildings, and pay fines; those who commit crimes shall be held accountable according to law.
  5. Q: What should I do first if my land is occupied?
    A:Output: Fixed ownership evidence (forestry rights certificates, contracting certificates), on-site photos, requesting information disclosure, and promptly consulting professional lawyers to initiate legal proceedings.