Landmark case sees residents sue government for 'illegal' renovations

As around 200 gray-haired seniors carefully listen from the public gallery, He Boting, representing them at a local court in Luoyang, Henan province, thinks he has a glimmer of hope.

He, 69, is representing 266 residents of the Old Town area of Luoyang, a 4,000-year-old city that was once capital to 13 Chinese dynasties. They are charging the local government with illegally demolishing part of the Old Town district.

Luoyang Old Town, in the northeast part of the city, extended over 56 square kilometers. The district government issued a renovation document in August 2013, warning it would reclaim more than 66 hectares of the land, displacing more than 9,000 households and 20,000 residents.

The document claimed that the district government would spend 8.5 billion yuan ($1.37 billion) renovating the area to make it a "landmark" of Luoyang with both "modern and historic elements."

Although this is only one of many "renovation" projects across China, it is the first to be sued for breaching national regulations on the protection of historical sites.

The case, which follows the amendment of the Administrative Procedure Law that stresses citizens' right to sue, has thus become a milestone one, closely watched by similar groups across the country - the court has still not handed down a judgment since accepting the case in March.

The delay, whether deliberate or not, has seen many residents lose patience and throw in the towel, accepting the compensation plan offered by the government and moving away from their beloved Old Town.

A 'secret' plan

Luoyang residents cheered when two historic Luoyang sites, which formed part of the Silk Road and Grand Canal, were added to the World Heritage List in June.

Luoyang has long been a tourism center, attracting people from all over the world with its historic resources. "The Luoyang government has been doing a good job protecting cultural and historic sites,' said Zhu Hua, a local citizen. "I really cannot believe that the government secretly signed deals with real estate this time."

Rumors first surfaced in early 2012 that the Old Town would be renovated by property developers; months later, notices posted on the walls of the town residents confirmed the gossip. Unlike the usual promises that residents would get a larger house than the one Luoyang demolished. Locals were told they would only be compensated with the same-size house.

But what irritated the people most was that officials issued the order without any previous communication or consultation. After reading the government's plans carefully, He concluded that developers would, in fact, deconstruct the entire Old Town district and build a brand-new one.

More than 700 residents applied for an administrative review of the plan but all were rejected. Finally, 266 residents brought the case to Luoyang Intermediate People's Court and selected five representatives: He is one of them.

He said during legal arguments that the district government circumvented any hearings before their executive acts and there was no evaluation for their compensation plan, which failed to properly arrange for relocated households, breaking the Regulation on the Expropriation of Buildings on State-owned Land and Compensation.

"The district government has a severe problem of empowering itself," He noted at the court.

Internationally famous

According to the official renovation plan, 64 cultural relics, including traditional dwellings, are deteriorating.

The renovation plan is to protect these relics and "improve residents' lives."

Many of those reached by the Legal Weekly admitted that the infrastructure in that area is old and decrepit. Power lines, underground sewers and water-supply networks need to be restored, for example. The streets are very narrow due to dense residential buildings and it's hard for ambulances or fire engines to enter, local residents said.

"Residents are opposing the demolition plan because they want to improve current compensation level," a staff with the district government claimed.

Current compensation rules offer 4,121 yuan per square meter and, for older houses, residents can receive 6,300 yuan per square meter. Those willing to move away within the regulated time are also eligible to receive 30,000 yuan as a bonus.

But villagers say compensation is not the only problem for the 266 plaintiffs.

"I grew up here and am familiar with every tree and bush, but now I cannot imagine the future of the Old Town," said a pensioner surnamed Zhang. His fear that the "flavor" of life in the area would be replaced by commercialized atmosphere was shared by many.

According to the renovation plan, the Old Town district will become an economic belt combined with culture, business and tourism to make Luoyang a "famous international city." with new parks and museums.

He said that the "right way" is to repair and adjust existing cultural relics, rather than demolishing and rebuilding all, adding that imitation-antique constructions are not what tourists want to see.

Zhu Yimin, an associate professor of architecture at the South China University of Technology, said that 80 percent of the houses the Luoyang government and developers plan to demolish should be protected.

Zhang Guanghan, an expert of urban planning at China Academy of Urban Planning & Design, added that there is no need to build an "international city," since Luoyang is already famous for its historic relics.

Zhang suggested the government works together with local residents on repairing and avoid large-scale demolition and construction.

Hard to sue

The case, involving key projects, puts serious pressure on the city government. This has caused great difficulty, a judge at the intermediate court admitted.

Despite the coercion, the court accepted the case and the trial was broadcast live on Sina Weibo.

"It is not an easy thing," said He, who's been subject to some unpleasant experiences himself.

All of the plaintiff-representatives were summoned to the local police station on suspicion of "assembling a crowd to disturb social order."

At the court, the district government presented a telephone record to prove that many residents had phoned up to say that they agreed with the plan. But He found that some of the men on the list actually died years ago.

Many Net users were surprised to see such concrete example of the government forging evidence being publicized. Although the verdict is still in the balance, they say, the 266 residents have already succeeded in another way-exposing official mendacity.