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The installation of an elevator once triggered two lawsuits, which lasted for nearly two years.
2024-05-14
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The installation of an elevator once triggered two lawsuits, which lasted for nearly two years.
Nowadays, many old communities in Wuxi are installing elevators, but there are many contradictions caused by this. Yesterday morning, Wuxi intermediate people's court reported such a case. Not only did the owners of the two buildings have conflicts, but also the housing and construction department was involved in the lawsuit, which lasted for nearly two years.
The incident happened in a community in Liangxi District. In 2019, the owner of the residential building applied to the housing and construction department to install an elevator. After a series of procedures such as on-site investigation and publicity, the project was filed in December of that year. In April 2020, the elevator installation project officially started, which also caused dissatisfaction among the owners of residential buildings in the rear.
"The residents at the back feel that the lighting and ventilation of their buildings have been affected, and they also occupy public greening and do not allow the other party to construct." Residents of the community said that at that time, in order to prevent the construction unit from constructing, some residents also made radical actions, which led to a lawsuit between the two sides. At the scene, an owner of the residential building also said that it was really unpleasant at that time, but "it's all over now". In addition, more than a dozen owners of residential buildings in the rear also took the housing construction department to court, believing that the housing construction department had not fulfilled its obligation of publicity, so the installation of elevators was not in compliance with the regulations, and hoped that the court would revoke the filing notice of the housing construction department.
Two lawsuits are involved in a project, which is extremely rare in similar cases, and the dispute lasts for a long time, during which it has been negotiated and mediated many times. Cui Xiaomeng, judge of the Administrative Court of the Intermediate People's Court, said that the construction of the project was stopped during the first instance of the case. Later, after hearing the case, Liangxi Court held that there was nothing wrong with the work process of the housing and construction department, and it had been publicized in accordance with the relevant regulations. Therefore, the plaintiff's claim was rejected and the project was continued. After that, the second instance of the Intermediate People's Court also upheld the original judgment.
Cui Xiaomeng introduced that in this case, there is a relationship between the interests of the "majority" and the "minority". There are seven owners of the residential building where the elevator is installed, and there are more than ten households in the rear, but there are older residents in the front residential building. For the elderly, the elevator can be said to be "just needed", while the rear owners advocate relatively less urgent needs such as ventilation and lighting, moreover, during the trial, the owners had no evidence to prove that their rights and interests were damaged, so the court finally rejected the claims of the rear owners.
So the owners in the rear can only eat this "dumb loss"? Cui Xiaomeng said that if these owners can confirm that their rights and interests have been lost, they can still claim compensation. Cui Xiaomeng also reminded that residents should pay more attention to the notices posted in the community, raise objections during the publicity period, and ask the other party to issue compensation plans. (Reporter Zhen Ze/Wen, photo)
Source: Jiangnan Evening News
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