[Case Summary]This case is an administrative review of the disclosure of government information. On April 23, 2025, Liu Zhiqiang from Inner Mongolia applied to the A Natural Resources Bureau for the disclosure of more than 10 pieces of information, including land expropriation approval documents and planning maps, due to the issue of land expropriation and demolition. He received the reply on April 25, but the bureau did not send the "Situation Statement" until June 17, far exceeding the 20-working-day deadline and failing to notify the extension. Moreover, the content of the reply did not address all the items raised by Liu Zhiqiang. Liu Zhiqiang entrusted Beijing Henglu Law Firm to handle the case on his behalf.Zhi Chao LiThe lawyer initiated an administrative review, and the review authority revoked the original response and ordered a re-response within a specified time limit. The core dispute is whether the response exceeded the time limit and whether the form and content of the response were legal. Applicable laws: Articles 33, 36, and 40 of the Regulations on the Disclosure of Government Information; Article 64 of the Administrative Review Law.

I. Review of the Case Facts

"What should I do if the government refuses to disclose land expropriation information?" "How long should I wait for a response to an application for information disclosure?" "Can I appeal against an administrative organ's delayed response?" "Where can I check the land expropriation approval documents?" These are common questions raised by land expropriation victims. On April 23, 2025, Liu Zhiqiang from Inner Mongolia submitted a "Government Information Disclosure Application Form" to the A Natural Resources Bureau via EMS, requesting disclosure of two key pieces of information regarding the 20,000 mu ecological fishing site located in XX Sea, Shuguang Town, A County: 1. Land expropriation approval documents and application materials (including the "One Document and Four Plans," compensation and resettlement plans, announcement certificates, land use master plans, current maps, land expropriation boundaries, and implementation of social insurance for expropriated farmers). 2. Land use master plans for the area from 1985 to 2025, or the currently valid national spatial plans (including master plans, detailed plans, and related special plans).

The EMS showed that the A Natural Resources Bureau received the request on April 25th, but until Liu Zhiqiang applied for reconsideration, the bureau never replied within 20 working days in accordance with Article 33 of the Regulations on the Disclosure of Government Information, nor did it apply for an extension and inform the applicant. During this period, Liu Zhiqiang made multiple phone calls without success, and only received a "Situation Statement on the Verification of Liu Zhiqiang's Application for Disclosure of Government Information" sent by the staff member via WeChat, which did not meet the statutory requirements. Therefore, Liu Zhiqiang entrusted Beijing Henglu Law Firm to handle the case for him.Zhai Chao LiThe lawyer initiated an administrative review.

II. The focus of the case

  • Focus 1: Whether the respondent has failed to respond within the time limit.After signing the receipt, if more than 20 working days have passed and the company has not informed the employee of the extension of the notice period, is the procedure illegal?
  • Focus 2: The response to whether the "Situation Statement" is legal and effective.Does the form, content, and procedure comply with the statutory requirements in all three aspects?
  • Focus 3: Whether the respondent failed to fulfill his duty to respond.Does it infringe the applicant's right to know the truth?

III. Professional intervention by Hengluo Law Firm

The applicant (Liu Zhiqiang) claims that:The Natural Resources Bureau provided a late and informal response that failed to address the applicant's concerns. We request that the bureau be confirmed to have violated the law and be ordered to provide a legally compliant response within a specified timeframe.

The respondent's (A Natural Resources Bureau) position:It issued a "Situation Statement" in response, but failed to provide a full defense of its legality.

Legal Opinion of Hengluo Law Firm:Zhai Chao LiThe lawyer focused on the "illegality of the respondent's administrative actions": Firstly, the late reply violated the statutory time limit - Article 33 of the Regulations clearly stipulates that the reply should be made within 20 working days, and any extension must be approved and notified, and the extension period should not exceed 20 working days. In this case, the reply was received on April 25 and explained on June 17, far exceeding the deadline and without notification of the extension; Secondly, the "Situation Statement" was not a legal and effective reply - it was not made in written form, and the content only mentioned "the failure to handle the conversion of agricultural land and land expropriation", without responding to more than 10 items of information one by one, and the procedure did not inform about the remedies for review and litigation; Thirdly, the respondent failed to perform its duty of reply in accordance with the law, infringing Liu Zhiqiang's right to information.

IV. Outcome of the case

After the People's Government accepts the application for reconsideration, it shall verify the facts of the case and adopt the opinions put forward by the applicant.Zhi Chao LiAttorney's opinion: It is confirmed that the A Natural Resources Bureau's reply beyond the time limit and the electronic service without the applicant's consent are illegal; the "Situation Statement" fails to respond to the applicant's request in a targeted manner, the reply is unclear and the facts are unclear, which does not meet the statutory requirements. In accordance with Article 64 (1) of the Administrative Reconsideration Law, it is decided to revoke the "Situation Statement on the Verification of Liu Zhiqiang's Application for Government Information Disclosure" made by the A Natural Resources Bureau and order it to make a new reply to Liu Zhiqiang's application for government information disclosure within the statutory time limit.

5. Hengluo Law Firm's Advice

In land expropriation and demolition cases, administrative reconsideration is an important step. If an application for information disclosure is not responded to or the response is incorrect, one can apply for administrative reconsideration to safeguard their rights and interests. In this case,Zhi Chao LiAttorney (Practice Certificate No.: 11101202311629788, subject to the certificate issued by the judicial administrative organ): Reminder: Government information disclosure is an important prerequisite for citizens to understand administrative actions and safeguard their rights. Administrative organs must respond in writing and address each item within 20 working days. If the response exceeds the time limit or fails to address the request, citizens can seek redress through administrative review to safeguard their right to information and supervision.

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

  1. Q: What should I do if the government refuses to disclose the information about land expropriation?
    A: You can first apply for the disclosure of government information. If the authority fails to respond within the time limit or provides an answer that is not relevant to your request, you can apply to the higher-level government for an administrative review and request that the authority redress the situation.
  2. Q: How long should it take to respond to a request for information disclosure?
    A: According to Article 33 of the Regulations on the Openness of Government Information, if the reply cannot be given on the spot, it shall be given within 20 working days. If an extension is necessary, it shall be approved and notified, and the extension shall not exceed 20 working days.
  3. Q: Can an administrative organ's delayed response be subject to administrative reconsideration?
    A: Yes. Failing to reply within the time limit or failing to reply in accordance with the statutory form and content are all illegal. The decision can be reviewed and revoked, and the respondent can be ordered to reply again within a specified time limit.
  4. Q: Where can I check the land expropriation approval document?
    A: You can apply to the competent natural resources department for disclosure of the "One Book and Four Plans", land expropriation announcements, compensation plans, and planning maps, etc. The department shall respond in writing in accordance with the law.
  5. Q: Is the explanation sent via WeChat considered an official response?
    A: Generally, it doesn't count. The response to information disclosure should be made in legal forms such as paper documents, and it should also specify the remedies. If the response is only sent via WeChat and the content is incomplete, it is not legally binding.