The 149 owners of a residential compound in this Chinese capital Saturday won a landmark lawsuit against the city's urban planning commission, according to a verdict by the Haidian District court.
The commission was accused of illegally permitting the real estate developer to use a piece of land within the compound to build a bath service center, instead of a kindergarten in its previously promised and registered plan with the commission.
The owners of the Furun Residential Compound came to know in Aug. 2003 that the land would be used for other purposes. They were told in Nov. 2003 that the commission made the changes in Dec.2002 at the request of the developer which built the compound. According to the decision, the developer was allowed to change the No. 7 building, formerly planned for the kindergarten, into a bath service center.
Bath service facilities are common in the country and usually are profitable as they offer a public place for people's social intercourse and relaxation other than merely bathing.
The commission claimed its decision was based on a written suggestion by the educational commission of the Haidian District where the compound is located, in which the kindergarten plan was said to be inappropriate because of space available is limited.
The owners accused that the commission misused its power to pave the way for the developer's changed plan and its decision was illegal. The commission claimed it did so in accordance with the law, as its examination of papers submitted by the developer showed relevant government departments like fire-fighting and environmental protection agreed with such changes, and the previous kindergarten plan was improper due to a lack of minimum space as required.
According to the Haidian District court, the commission failed in set period to provide evidence supporting its decision according to legal procedures. And therefore its administrative decision should be ruled as groundless. The court overturned the commission's decision in verdict.
It is not rare in Chinese cities and especially in Beijing which sees the most prosperous housing industry in the nation that housing developers cheated buyers with a "good" residence plan but later changed non-profit public green zones, water space and public welfare facilities into ones for commercial use which they can sell for money.
(Xinhua News Agency July 12, 2004)
