[Case Summary]This case involves a dispute over the disclosure of government information and compensation for expropriation. Zhou * from Liaoning Province had his house expropriated for urban renewal. However, the compensation he received after signing the compensation agreement was significantly different from what had been agreed upon, and the original copy of the agreement was no longer in his possession. Zhou * entrusted Beijing Henglu Law Firm to handle the case for him.Wu JianiThe lawyer first requested to confirm that the town government had failed to perform its duty of disclosing government information in accordance with the law, then initiated the national compensation procedure. Eventually, the relevant departments and Zhou * reached an agreement on compensation, and Zhou * received the compensation in full. The core disputes include the performance of the duty of disclosing information and the disputes over the amount of the agreement; the application of the "Regulations on the Disclosure of Government Information" and relevant provisions on national compensation.

I. Review of the case facts

After signing the demolition compensation agreement, the amount of money received was much less than what was agreed upon, and the agreement was even taken away. What should I do? Many people search for terms like "what to do if the amount of compensation in the demolition agreement doesn't match what was agreed upon" and "how to prove that the agreement was taken away". Zhou *'s legal house was expropriated for the renovation of shantytowns. An agreement was signed stipulating the amount and method of compensation. However, the actual compensation received after the house was demolished was far less than what was agreed upon. Zhou * didn't have any evidence, and there was only one copy of the agreement, which wasn't in his possession. Therefore, he entrusted Beijing Henglu Law Firm to handle the case for him.Wu JianiThe lawyer represents the client to protect their rights and interests.

II. The focus of the case

  • Focus 1: Did the town government fail to fulfill its duty of information disclosure?The lawyer applied for disclosure of the demolition agreement for the shantytown renovation, but the town government refused to respond on the grounds that it was not the entity responsible for making the agreement. Is this illegal?
  • Focus II: How to prove that the compensation amount does not conform to the agreement.The agreement is not in hand, and there is no direct evidence. How can we reconstruct the actual agreement?
  • Focus 3: How to seek compensation after confirming non-performance of duties.We took advantage of the favorable situation to initiate the state compensation procedure and successfully obtained compensation through mediation.

III. The professional intervention of Hengluo Law Firm

The original complaint stated that:Zhou * claimed that he had signed a shantytown renovation and demolition agreement with the relevant department, but the compensation he received was less than what was agreed upon. When he applied for the disclosure of the agreement, his request was denied by the town government. He therefore requested to confirm that the town government's failure to perform its duties was illegal.

The defendant argued that:The town government stated that the agreement was signed with the town housing demolition center, and that the latter is not a qualified defendant. Moreover, the plaintiff himself/herself signed the agreement and should have been aware of its content. Therefore, the plaintiff's request does not constitute government information.

Legal Opinion by Hengluo Law Firm:Wu JianiThe lawyer pointed out that after receiving the application, the defendant should respond in writing according to the content of the application and may not refuse to respond on the grounds that he/she is not the party who produced the information; the town government's failure to perform its statutory duty of information disclosure constitutes a violation of the law. After confirming the violation, the lawyer initiated the national compensation procedure to gain further advantage.

  • Submit an application for information disclosure to the town government, requesting to provide the land expropriation and demolition agreement for the shantytown renovation project
  • After multiple phone calls to urge them to respond, they still failed to provide any response regarding the illegal facts
  • After confirming the violation, we will immediately initiate the state compensation procedure and facilitate the mediation and compensation process

IV. Outcome of the case

The court adopted the opinion of Hengluo Law Firm and determined that the defendant town government should make a written response according to the content of the application after receiving the application, and could not refuse to reply on the grounds that it was not the producer of the information. Its failure to perform the statutory duties of government information disclosure was illegal, and the court ruled that the town government's failure to perform its duties was illegal. After confirming that the town government failed to perform its duties illegally, the lawyer immediately initiated the state compensation procedure. The relevant departments, aware of their wrongdoing and considering the unfavorable litigation results in the future, reached a mediation agreement with Zhou * and agreed to compensate him. In the end, Zhou * received the agreed compensation amount in full, and the case was successfully resolved.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Wu JianiThe attorney (practice license number: 11101202011245064, the document issued by the judicial administrative organ shall prevail) acts as the agent. Attorney's advice: If the amount of the demolition compensation agreement does not match the agreed amount and the agreement has been confiscated, you can first apply for the disclosure of the agreement to fix the evidence, and file an administrative lawsuit against the administrative organ if it fails to respond to confirm the illegality; then pursue compensation through the state compensation procedure, and pay attention to keeping records of communication and reminders during the process.

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

  1. Q: What should I do if the amount in the demolition compensation agreement doesn't match the actual amount?
    A:You can first apply for the government to disclose the original agreement and fix the evidence, then claim the difference according to the agreement, and if necessary, seek compensation through litigation or mediation.
  2. Q: How can I prove the agreement if the contract is taken away?
    A:Apply to the production or preservation authority for an open agreement, file an administrative lawsuit against the authority for its failure to respond and confirm its violation of the law, and collect communication records and transfer receipts as evidence.
  3. Q: Is it illegal for the town government not to disclose the agreement?
    A:This is illegal. After receiving the application, the party concerned shall provide a written response based on the content of the application and shall not refuse to respond on the grounds that he/she is not the party responsible for the production. Otherwise, the applicant may file a lawsuit to confirm that the failure to perform the duty is illegal.
  4. Q: Can I still claim compensation if I confirm that I will not perform my duties anymore?
    A:Yes. You can then initiate a state compensation process or engage in mediation negotiations to demand that the compensation be supplemented in accordance with the agreement.
  5. Q: What should we pay attention to during the demolition and relocation of shantytowns?
    A:Be sure to keep the original copy of the agreement, clarify the amount and method of compensation, and consult a lawyer and fix the evidence in time if you find any discrepancies.