The First Intermediate People's Court in Beijing announced on
Thursday that a group of seven farmers have failed in their attempt
to sue the Ministry of Land and Resources (MLR).
The farmers, from Shenyang, the capital city of Liaoning
Province, had taken the MLR to court over insufficient
compensation rates on land that had been expropriated from
them.
Their attorney Lu Guang told a reporter that they did not attend
the pronouncement, but that the Beijing court had said the verdict
would be sent to Shenyang Intermediate People's Court, which would
deliver the judgment on its behalf.
The farmers' troubles began in January 2002 when Liaoning's
provincial government filed to expropriate 28.47 hectares of
farmland in Xiakanzi Hamlet, Yuhong District for municipal
construction.
Their compensation was announced March 12, but much of it was
based on a rate lower than standard rates due to the classification
of different portions of the land being expropriated.
Seven of the farmers petitioned the MLR for a verdict on the
validity of the compensation rates. The MLR replied that it could
not make any verdict on behalf of the government. Then, they
requested the MLR to review its Comment on the Expropriation of
Farmland in Shenyang for Municipal Construction (No.559).
The MLR announced its reconsideration supporting Liaoning
Provincial Land and Resources Bureau's position. So the farmers
decided to sue them with a request to revoke the No.559 Comment
this August.
The MLR said the No.559 Comment was based on national law
approved by the State Council. The expropriation of the farmland by
Shenyang municipal government got the approval of State Council
first and then transferred to the MLR for a reply document.
Therefore, the No.559 Comment "quoted a correct source, followed
legal procedures and had proper content."
Lu said his clients had prepared psychologically for this result
and would certainly appeal to the Higher Court in Beijng, and if
that judgment is negative they will petition the State Council.
(Beijing News, translated by Li Shen for
China.org.cn,?December 10, 2004)