The net exposed that a village in Jiangxi is now 2000 square meters illegal. How was this illegal construction built?

In Nanchang Meiling Scenic Area, "Shenyuan" develops houses. Nanchang Yuanbo Tea Village Hotel Management Co., Ltd. (hereinafter referred to as "Yuanbo Tea Village Company") rented some houses in "Shenyuan" and invested more than 20 million yuan to build a tea culture tourism complex project-Yuanbo Tea Village. On June 16, Xu Ping, the head of Yuanbo Tea Village, told the Beijing News reporter that "because Shen, the head of Shenyuan and the lessor concealed that the rented house of Yuanbo Tea Village Company had not obtained legal procedures, Yuanbo Tea Village could not operate legally and was facing' abortion'."

In the past few days, the Beijing News reporter launched an investigation on this matter. In the end, Shen responded to the Beijing News reporter and said, "The whole tea house project and some nearby buildings have no formal land use procedures, and they are all illegal buildings." The staff of the local Wanli District Natural Resources Branch also clearly responded that the project has no land procedures.

It is worth noting that there is deforestation in the development and construction of the above projects. In this regard, the Wanli District Forestry Bureau has imposed penalties on this matter.

Event:

Rent some houses in Shenyuan to build a park tea village, with an investment of more than 20 million.

Referring to the construction process of Tea Village, it is recalled that in June 2065438+2007, Shen, who worked in a committee in Jiangxi Province, recommended the private garden complex (called Shen Garden) being built on Villa Road in Meiling Town, Wanli District to Tea Village Company in the name of the investment promotion project of Meiling Town Government in Nanchang, and suggested that Tea Village Company recommend it to Nanchang, where his wife Huang belongs, in the name of the famous tea culture brand.

Xu Ping, head of Yuanbo Tea Village, said that the construction of Yuanbo Tea Village has invested more than 20 million yuan. Image source photo provided by the interviewee.

"Tea Village Company originally signed the House Lease Contract with Huangling Company because of its trust in Shen and the double guarantee of' key government investment projects'." He told the Beijing News reporter that Shenjian Shenyuan has been in existence for more than ten years, and Chacun Company leased about 50% of the property construction homestay project in Shenyuan on September 20 17, and named it Chacun. Except for the luxury villa where Shen lives, the other half of Shenyuan Real Estate is rented out to others by Huangling Company.

Yuan Bocha Village Company signed a house lease contract with Huangling Company. Image source photo provided by the interviewee.

According to the lease contract provided by Xu Ping to reporters, Yuanbo Tea Village Company leases several houses in Zhang Yu Tea Street and Zhonghe Tea Garden of Huangling Company, and the annual rent varies from 20 yuan to 15 yuan per square meter according to the location of the houses. During the lease period, Huangling Company entrusts Yuanbo Tea Village Company to exercise full ownership, and Yuanbo Tea Village Company must ensure the legal use of the house. Huangling Company promises to have the complete right to dispose of the house under this contract, otherwise there will be no ownership dispute. The lease term of the contract is 20 years, from1October 20 18 1 to February 2038 1 3 1.

"After the signing of the above contract, Yuan Bo Tea Company invested 20 million yuan in this project. The initially built Yuanbo Tea Village has a teahouse, a tea restaurant, a tea street, a tea library, tea culture theme photography, open-air movies, bonfire tea parties, teahouses, teahouses and so on. " Xu Ping said.

Focus 1: Are there any legal procedures for renting a house?

According to Xu Ping, Yuanbo Tea Village is located in Guangheyuan, Villa Road, Meiling Town, Wanli District, Nanchang City. When signing a house lease contract with Huangling Company, Huangling Company claimed that the house under the contract had legal and compliant procedures. However, since the second half of 20 18, Tea Village Company found that Shen had concealed the property leased by the company without legal procedures, which led to the failure of Tea Village to obtain legal business procedures, bank loans and equity financing, which caused great losses to Tea Village investors.

Xu Ping said that at the end of 20 18, with the announcement of the demolition of illegal buildings in Qinling and Hainan, Yuanbo Tea Village Company repeatedly asked Huangling Company to withdraw from the development and construction, but it failed to obtain the consent of Huangling Company. 2065438+In late June, 2009, Yuanbo Tea Village Company proposed to Huangling Company to terminate the contract, demanding that the other party return the investment funds and compensate the economic losses, but it was not agreed by Huangling Company. "According to the contract between the two parties, if Huangling Company breaches the contract, it will compensate us for all the losses. Now, due to Shen's concealment and deception, the tea house project is facing' abortion', and Huangling Company should also bear the liability for breach of contract. "

According to Xu Ping, this is an illegal construction project of Shenyuan. Image source photo provided by the interviewee.

In the past few days, the Beijing News reporter has verified the dispute between Shen's official status and his wife Huang's Huangling Company and the tea house company. Shen finally responded to the Beijing News reporter and said: "I am indeed a public official, and now I have retired. I did marry Huang, the legal person of Huangling Company. The whole project of Yuan Bo Tea House and some nearby buildings have no formal land use procedures, and they are all illegal buildings, but this project was attracted by the government at the government investment promotion meeting in September 20 17. "

At the same time, Shen also said, "The tea company owes us rent. Later, Yuanbo Tea Village Company has been demanding losses, and we feel that the amount of losses it proposed is unreasonable. "

The Beijing News reporter learned through Tianyanchao that the business scope of Huangling Company is cultural and artistic investment and tourism development. , currently in a state of existence, the person in charge is Huang. In order to further verify the situation, the Beijing News reporter contacted the mobile phone number left by Huangling Company in Tianyanchao. When the reporter asked whether the project had legal procedures and whether it was a local investment attraction project, the other party said, "There are procedures, but it is in a meeting and cannot be provided."

Since then, the Beijing News reporter has repeatedly contacted the mobile phone number on the above issues. The person who finally answered the phone responded: "I am not Huang from Huangling Company, but I am sure that Shen and Huang from Huangling Company are indeed husband and wife, and Shen is also a retired public official. The project is a government investment project and the government agrees to build it. "

Focus 2: Are the trees in Meiling Scenic Area destroyed?

In addition to whether the rented house has legal procedures, another focus of dispute between the two sides is whether the development and construction of Shenyuan has damaged the bamboo forest in Meiling Scenic Area.

According to Xu Ping, the Deep Garden is located in the core of Meiling Scenic Area, Meiling Town, Wanli District, Nanchang City, Jiangxi Province, with Poyang Lake in the east and Lushan Mountain in the north. Fiona Fang covers an area of about 150 square kilometers, and is dominated by green plants such as bamboo. The green plants in the plot occupied by Shenyuan are basically bamboo, which was almost completely destroyed during the construction of Shenyuan. Due to the lack of legal and compliance procedures, in order to prevent being investigated, many buildings in Shenyuan were named "Meiling Town Elderly Activity Center" and "Peng Memorial Hall", which then destroyed large bamboo forests and expanded the scale of Shenyuan.

Regarding the problem of deforestation, Shen responded to the Beijing News reporter and said, "The tea house has indeed destroyed more than four acres of trees since it started, and the relevant departments have already made penalties." The reporter dialed the phone number of Huangling Company found by Tian Yan, and the person who answered the phone said, "I don't know about specific matters such as deforestation. I have to ask Shen, the Shen couple are the controllers of the whole project. "

Progress: Wanli District Natural Resources Branch said it was "under investigation"

In response to this matter, a cadre who has left the Wanli Branch of Nanchang Natural Resources Bureau told the Beijing News reporter, "This project is in a scenic spot. I didn't have the procedure to approve this project when I was in office. "

In order to verify whether Yuan Bo Tea House has legal compliance procedures and whether it is a government investment project, the Beijing News reporter contacted Meiling Town Party Committee Government, Wanli District Fire Brigade and Wanli District Housing and Urban-Rural Development Bureau, but no response was received.

Subsequently, a person in charge of the Wanli District People's Government surnamed Yu told the Beijing News reporter, "As far as I know, some parts of the whole project have already obtained relevant procedures, and the specific situation requires the relevant departments to reply. In addition, attracting investment will not allow related enterprises to carry out illegal development. "

On the afternoon of June 18, the Beijing News reporter got in touch with the Land Use Section of Wanli District Natural Resources Branch. A staff member responded that "the Yuanbo Tea Village project has not obtained legal land procedures and is currently under investigation." The staff member did not provide written materials to explain.

On the morning of June 19, a reporter from Beijing News contacted Wanli Forestry Bureau about the deforestation mentioned by Xu Ping, and a staff member surnamed Xiong in the office of the bureau asked the reporter to contact the law enforcement brigade of the bureau. Subsequently, a staff member surnamed Peng of the law enforcement brigade of the bureau responded to the reporter and said, "At present, there is indeed illegal logging in Park Tea Village and its vicinity, and we have dealt with it."

In this regard, Fan Chen, a senior partner of Beijing Shi Jing Law Firm, said that if Huangling Company conceals the facts while knowing that the project has not obtained the relevant procedures, it still rents it to Yuanbo Tea Village Company, and promises that the procedures for the project are legal, it will constitute contract fraud, and if the circumstances are serious, it will be suspected of fraud. Yuanbo Tea Village Company has the right to claim compensation from Huangling Company. If Huangling Company develops and builds without obtaining relevant land procedures, it is also suspected of destroying forest land and mountains, which may constitute a crime.