117 rural families are suing the local county government in Northwest China's Gansu Province. The hearings open today, with the villagers claiming the demolition and construction on their land is illegal.
The farmers, who gathered in Longnan in Gansu Province Monday, are asking the Longnan Intermediate People's Court to award them 25 million yuan (US$3 million) from Chengxian County government.
The suit also names the local land procurement and relocation office, charged by the government to do the demolition.
According to plaintiffs' lawyer Wang Dong, the county government issued a notice in September 2001 saying it would requisition the land in the county's Chengguan township in order to construct a sewage treatment plant.
In the following year, the procurement and relocation office pulled down the farmers' single story houses and constructed residential buildings.
"It's illegal because the land, covering about 21,300 square metres, was collectively owned by farmers," Wang said Monday.
Chinese law states that land owned collectively by rural residents should be managed by a board elected by the residents. According to 1996 figures, 46 per cent of land in China falls into this category.
If the government has to use the land for the general public's welfare, then it needs to consult and compensate the farmers.
But Wang, who took the case along with another lawyer, said the county government demolished the farmers' houses through coercive measures without compensation.
"Each farmer has a certificate to prove the land is owned collectively," Wang said Monday in a telephone interview.
Worse, the government did not even keep its promise that it would compensate the farmers .
"As a result, these homeless rural workers have to seek shelter in their relatives' houses or elsewhere," Wang said.
"Only a few resettled families, who have special relations with the government, have moved into new houses."
He also said some victims had been afraid of accusing the government, especially those who have family members working as county civil servants.
In recent years, nevertheless, some wrote petition letters to relevant departments, and others visited the General Office of the State Council in Beijing.
"These peaceful farmers are now outraged," Wang said.
He said that to obtain the evidence, he pretended to purchase a house from the developer of the residential buildings.
But Wang said the developer has yet to obtain the proper certificate to use the land, and there are other loopholes in its use.
The lawyer for the local government could not be reached for comment.
According to local media reports, the local land procurement and relocation office said it had reached agreements with each family and, in addition, the suit has exceeded its statutes.
However Wang said the government has persisted in violating farmers' legal rights.
Source: China Daily