Court dismisses lawsuit against local authorities in S China

Updated: 2011-09-27 22:43

(Xinhua)

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GUANGZHOU - A court dismissed a case brought against the local government on Monday, denying the request of a resident who sued three authorities for omission over a construction project in South China's Guangdong province.

The court dismissed the administrative omission case because the accuser was not an eligible plaintiff. There was no legally-recognized interest relation between the accuser and the actions of the authorities, said an official with the People's Court of Yuexiu District in the city of Guangzhou, capital of south China's Guangdong Province.

Ou Shaokun, a 58-year-old resident of Guangzhou, filed the case on September 20, petitioning the court to fine the Committee of Urban-Rural Construction, the Committee of City Management and the Bureau of Forestry and Gardens 1 yuan ($0.16) each. He believed the watchdogs should be held accountable since they failed to regulate a five-year-long subway construction project on a city square. The construction caused sound pollution and traffic inconvenience, Ou said.

The accuser expressed his anger after the court told him the dismissal.

"I am very discontented and I will refile the case with further legal consultation," Ou said.

He added that the court's decision could not stand since his commute was hampered by the subway construction on Haizhu Square.

The three authorities declined to comment on the dismissal.

The dismissal is understandable, since Ou was not a specific party in a legally-recognized interest relation according to the Administrative Procedure Law, said Jia Haixia, a lawyer with Guangxin Law Firm in Guangzhou.

It was regrettable that the court dismissed the case, and Ou should stick to upholding his rights by law, the lawyer said.

Ou brought the three departments to court one week after he filed a publicity request to the Committee of Urban-Rural Construction. He asked the committee to disclose why construction on the square could last for more than five years.

The committee promised a quick investigation, but construction on the square expanded, Ou said.

The city of Guangzhou was the site of several high-profile actions challenging local authorities this year. A college graduate requested a feasibility report from the Committee of Urban-Rural Construction in July. A high school student queried the Guangzhou Metro for its renovation plan of a subway line in April. Both students got thousands of supporters online.

The government should understand the trend that residents have begun to put their concerns regarding public matters into actions, said Xiao Bin, professor with the School of Government of Sun Yat-Sen University.

Authorities need to build a platform for interactions between the government and the public, Xiao said.