On the morning of July 21, Ms. Nguyen Thi Tho (address 85B, Tran Phu Street, Nha Trang, Khanh Hoa) confirmed that she had received the decision of the People's Committee of Nha Trang City on adjusting the land recovery decision for land plot No. 53 at Phuoc Dong commune "belongs to the absent owner".
In 2019, the People's Committee of Nha Trang City issued Decision No. 1219 with the content of land recovery for land plot No. 53 with an absent owner (assigned to Phuoc Dong Commune People's Committee for temporary management) to implement the Commune Housing Urban Area project. Phuoc Dong .
Now, Nha Trang City adjusts the subject of land recovery from "absent owner" to "owned" status. Plot 53 is no longer "unoccupied" but is now managed by Ms. Nguyen Thi Tho.
This is the latest move of the People's Committee of Nha Trang City related to the case of "complaints against administrative decisions in the field of land management in case of land recovery".
The person suing is Ms. Nguyen Thi Tho and the defendant is the People's Committee of Nha Trang City. The appeal hearing is expected to be held by the High People's Court in Da Nang on July 30.
At the end of 2023, the People's Court of Khanh Hoa province held a first instance trial and annulled decision No. 1219 on May 22, 2019 of the People's Committee of Nha Trang City. This decision contains the content of land recovery for land plot No. 53, which has an absent owner (assigned to the People's Committee of Phuoc Dong commune for temporary management) to implement the Urban Housing Area project in Phuoc Dong commune.
Receiving the decision to adjust the subject of land recovery, Ms. Nguyen Thi Tho stated her opinion that the above adjustment decision does not affect the administrative lawsuit that the court of appeal is about to hear.
Decision No. 1219 determined that the above-mentioned plot of land had no owner, which was incorrect and violated her legal rights. Legally, it shows that land plot 53 was legally transferred by Ms. Tho in 2000; The transfer contract was authenticated by Phuoc Dong commune and became legally valid in 2000.
From the above reasons, she maintained her opinion and asked the court to cancel decision No. 1219 to ensure the legitimate rights and interests of citizens.
