原告未经规划管理部门许可,擅自搭建的建筑物、构筑物虽被认定为违法建筑,但原告对该建筑物、搭建物的建筑材料享有所有权。被告强制拆除违法建筑后,将拆下的部分建筑材料运离现场并作建筑垃圾处理,缺乏法律依据,属违法的行政事实行为,应承担相应的行政赔偿责任。 The plaintiff without the permission of the planning and management department, without authorization of the building structures, structures have been identified as illegal buildings, but the plaintiff on the building, building materials ownership. After the defendant forcedly dismantled the illegal building, some of the demolished building materials were removed from the site and disposed of for construction waste. The lack of legal basis is an administrative act of illegality and should bear corresponding administrative compensation liability.