In order to complete the High Speed Train Project between Ankara and Istanbul, the request for the cancellation and execution of the operation for the closure of the railway line between Gebze Köseköy and the General Directorate of TCDD was rejected by the Ankara 13 Administrative Court in the case filed by the United Transport Workers Union.
In order to complete the High Speed Train Project between Ankara and Istanbul, the decision to close the railway line between Gebze Köseköy and TCDD General Directorate was not taken by the TCDD Board of Directors. A claim was filed by BTS with the claim that the right of access guaranteed by the provisions of the Law was blocked and the cancellation and execution of this decision was suspended.
The Ankara 13th Administrative Court denied the request to stop the execution in the decision dated 19.04.2012, numbered E.2012 / 338, in the article 2577/27 of the Law No. 2, in order to stop the execution by the conviction that the condition of "irreparable or impossible losses to occur if the administrative procedure is applied and the administrative procedure is clearly unlawful". has decided.
Since the date of the 01 February 2012 that the line has been closed, most of the railway line and electrification line has been removed as a result of the works carried out by the contractor company.
Due to the closure of the line, the public lost the right to benefit from public administration and they suffered a financial loss which could not be recovered by paying a fee with a surplus of 2 to the road transport.
The closure of the railway between Gebze and Köseköy is clearly unlawful.
The closure of the railway line is in the authority of TCDD and there is no decision taken in this direction.
“In the article titled 'Freedom of Settlement and Travel' of our Constitution; It has been decided that everyone has the freedom of travel and that this freedom can only be limited due to criminal investigation and prosecution and in order to prevent crime. While Gebze Köseköy line has the opportunity to be rehabilitated without being closed by TCDD, the citizens' right to transportation has been prevented by not doing this.
Although the two clauses in the 2577 / 27 clause of the Law No. 2 required for the decision to halt execution have been formed together, the Court has no decision to stop the execution.
Günceleme: 24/11/2018 18:13
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