Need to clarify the long-standing land dispute in Tan Pheo commune

The location of the land dispute is in Phon hamlet, Tan Pheo commune (Da Bac).

Over the years, Mr. Hau's family has sent petitions to many authorities, hoping to clarify the case and reclaim the land that Mr. Hau's family believes has been encroached upon. In 2015, the case was accepted by the People's Court of Da Bac district, but the Provincial People's Court annulled the first instance civil judgment. Since then, the land dispute of Mr. Hau's family has not been resolved. Hoa Binh Newspaper reporters have found that there are many issues that need to be clarified to resolve the case.

Land disputes from land lending?

According to the content of Mr. Luong Van Hau's petition: In 1988 - 1990, Mr. Luong Van San (Mr. Hau's biological father) was given the entire land of the old medical station and the land of the old commune People's Committee by the People's Committee of Tan Pheo commune to exchange for Mr. San's family. In return, Mr. San gave up his family's land including: house foundation, garden, fish pond to the People's Committee of Tan Pheo commune to build the current office. At the same time, in 1990 - 1991, Mr. Ha Tien Sang, a relative of Mr. San's family, asked to borrow from Mr. San's family about 50 - 60 square meters of land adjacent to the slope of Provincial Road 433 to build a 3-room house for his son and daughter-in-law. After 1 year, they moved to another place. In 1994, Mr. Ha Van Yen, Mr. Ha Tien Sang's half-brother, moved to the above house.

In 1995 - 1996, according to the Party and State's policies on forest land allocation under Decree No. 02/CP, Mr. Luong Van San's family was surveyed and granted a Land Use Rights Certificate (LURC) No. I:613219, registered in book No. 133 QSDD/TP, issued on November 10, 1996, plot number 112, map sheet No. 6, area 9,000m2.

In 1999 - 2000, the State measured residential land for households. At the same time, Mr. Ha Van Yen arbitrarily measured an area of ​​250m2 of Mr. San's family's land. When he learned the information, Mr. San's family requested the competent authority not to issue a red book to Mr. Ha Van Yen's family (because the land was in dispute), so at that time Mr. Yen's family was not granted a red book.

In 2012, the People's Committee of Tan Pheo commune mobilized people to hand over the land use right certificates that had been granted under Decree No. 02/CP. Mr. San's family handed them over to be granted a new certificate under Decision No. 672/QD-TTg, dated April 26, 2006 of the Prime Minister. It was not until 2016 that Mr. San's family received the new certificate (land plot 672). However, when comparing it with the previously granted land plot 112, it was found that the new certificate did not match and was incorrect. According to Mr. Hau, the reason was that in 2013, Mr. Ha Van Quang (son of Mr. Ha Van Yen) and Ms. Luong Thi Kham (Mr. Quang's wife) wrote an application for a land use right certificate, arbitrarily measuring land plot 112 of Mr. Hau's family with an area of ​​555m2.

Commune authorities assert that land disputes are baseless.

In recent years, Mr. Luong Van Hau's family has sent petitions to many agencies, denouncing the Chairman of Tan Pheo Commune People's Committee Ban Thanh Son and the cadastral officer of Xa Van Kien Commune (term 2010 - 2015) for arbitrarily guiding the procedures for land registration and dividing plot number 112 of his family to Mr. Ha Van Quang's family.

Discussing this issue, Chairman of Tan Pheo Commune People's Committee Dinh Van Nhat said: From 1996 to 2013, Mr. Luong Van San and Mr. Luong Van Hau filed a lawsuit against the land of Mr. Ha Van Quang's family, Phon hamlet, located in the family's land. The specialized agencies of Da Bac District People's Committee have reconciled and verified many times. Tan Pheo Commune People's Committee also invited both parties to reconcile, but Mr. San's family did not accept, the case was brought to the Court for settlement. Recently, Mr. Luong Van Hau continued to file a petition, the Commune People's Committee invited the family to resolve it but there was still no agreement.

Chairman of the People's Committee of Tan Pheo Commune Dinh Van Nhat added: In 1996, according to map number 02, the land of Mr. Hau's family was 9,000m2, in 2012 it was changed to map number 672, the area increased by more than 1,000m2. Chairman of the People's Committee of Tan Pheo Commune affirmed that the land of Mr. Ha Van Quang's family (in dispute with Mr. Luong Van San's family) was not included in the land that the People's Committee of Tan Pheo Commune previously exchanged with Mr. San's family.

Many details need to be carefully considered.

Although the Chairman of Tan Pheo Commune People's Committee affirmed that the land dispute between Mr. Luong Van San and Luong Van Hau's families and Mr. Ha Van Quang's family, as well as the accusations against the land officials and the previous Chairman of the Commune People's Committee, were groundless. However, through investigating the case, it was found that there were many details that needed to be thoroughly considered. For example, it was necessary to clarify the increased land area of ​​Mr. Ha Van Quang's family over the periods. The original land origin was from the transfer of Mr. Ha Tien Sang to Mr. Ha Van Yen (Mr. Quang's father) with an area of ​​about 50 - 60m2. In 2000, Mr. Ha Van Yen requested a red book with an area of ​​250m2. Currently, the red book under the name of Mr. Ha Van Quang (Mr. Yen's son) has an area of ​​555m2.

In particular, when comparing the two forest land map extracts, plot 112 (according to Decree No. 02/CP) and plot 672, Mr. Luong Van San's family was granted, it shows that the forest land area of ​​the two plots of land does not match, there are changes in area and shape. In addition, Mr. Luong Van San complained throughout the process of granting the land use right certificate to Mr. Ha Van Yen's family, but why did the People's Committee of Da Bac district still grant it to Mr. Yen, then let Mr. Ha Van Quang stand in his name and record the land as not in dispute? Was there any mistake in the land management process of the local government?

Regarding this issue, Hoa Binh Newspaper reporters met with some people involved in the incident. Among them, there were opinions that disagreed with the use of map 672 to handle the incident. Because the map was measured and issued red books according to Decision No. 672/QD-TTg in Da Bac district, as well as in Tan Pheo commune, there were still many errors.

From the information recorded, the recommendations of Mr. Luong Van San and Mr. Luong Van Hau's families need to be carefully considered. It is thought that the authorities need to intervene, review the incident, clarify the origin of the land and resolve the incident, ensuring the legitimate rights of the parties involved. Hoa Binh Newspaper will continue to monitor and report on the developments of the incident in the coming time.

Economic Reporters Group

Source: https://baohoabinh.com.vn/274/200002/Can-lam-sang-to-vu-tranh-chap-dat-dai-keo-dai-tai-xa-Tan-Pheo.htm