VietNamNet Bridge – The HCM City People's Court yesterday, Nov 23, began hearing a suit filed four years ago by a local resident against the Department of Transport and a Chinese contractor for fencing off his restaurant and damaging his house.

But the court adjourned the hearing for two weeks since TMEC&CHEC-3, the contractor, had not authorised its staff in Viet Nam to take part.

Nguyen Van Lang, 78, opened a restaurant at his house on Hoang Sa Street along Nhieu Loc – Thi Nghe Canal near the bridge between Districts 1 and Binh Thanh.

In 2005 TMEC& CHEC-3, which was working on a drainage project, erected barriers near the restaurant door.

It prevented customers from entering his restaurant and also caused cracks in his house, Lang claimed.

He filed a suit in the District 1 court in 2006 demanding compensation of VND372 million (US$18,600) for business losses and repairs to the house.

Though the case never came up for hearing, in 2007, after inspecting the damage to the house, the city inspection and compensation council offered to pay him VND60 million ($3,000).

The Department of Transport agreed on a lower amount of VND34 million and offered to repair the house.

It rejected Lang's demand for compensation for business losses since he was among those who would benefit from the welfare work.

Furthermore, the District 1 People's Committee feared that the 100 other families in the area affected by the project — as well as those elsewhere in the city affected by similar projects — would also demand compensation if it compensated Lang.

But Lang rejected the explanation saying: "It is not based on the law.

"I am very happy because the court has admitted that my complaint is genuine.

"It may be a public project, but if it causes damage to a citizen, authorities must pay compensation.

"Recently the National Assembly approved a regulation allowing residents to file against authorities. It was because of the public opinion in my case."

"What I did was not just for myself but also for the community," he said.

"My neighbours told me that if I win, they will follow suit."

Huynh Ngoc Hoang, his lawyer, said this is the first ever suit filed by a citizen against the Department of Transport.

"But Lang's case has legal merit and he is likely to win," he said.

On the opening day, the court heard arguments from both the plaintiff and defendant before adjourning the hearing.

The case will resume in two weeks' time.

VietNamNet/Viet Nam News