The court decided to flash to the third airport!

The court decided to suspend some of the expropriations for the third airport.

On 18 August 2012, the Council of Ministers designated an area of ​​42.300 hectares on the European side Black Sea coast as a "Reserve building area" as part of the third airport construction, third Bosphorus Bridge construction and Kanal Istanbul projects. With the decision dated April 8, 2013, the Ministry of Environment and Urbanization has appointed the Prime Ministry Directorate of Mass Housing Administration (TOKİ) to carry out expropriation works and procedures related to this reserve area. TOKİ, which has been granted expropriation, started expropriation activities in the areas where these three projects will be carried out. Starting from May 2013, he started to offer land owners an agreement for a certain price.


TOKİ, Akçelik Madencilik, which has a total of 10 square meters of land in 54.507 separate parcels in the area where the third airport will be constructed, and Ozan Madencilik, which has a land of 2 square meters in 9.840 separate parcels, and Topkara Marble, which has a land of 4.520 square meters, has proposed to expropriation. . When the owners of the land did not find the money proposed by TOKI per square meter sufficient, an agreement could not be reached between the parties.


TOKI, who applied to the court last year, filed a lawsuit against Akçelik Madencilik 10, 2 against İsmail Tükenmez, one against Ozan Madencilik and Topkara Mermer. He reminded that the immovable belonging to the defendants in the petition remained within the area designated as the "Rezevr building area" by the Council of Ministers on 18 August 2012. Advocating that the expropriation authority of these lands was also given to him, TOKİ reminded that the landowners could not agree because they did not accept the expropriation fee. TOKİ asked the court to cancel the deed registration of these lands in 14 parcels belonging to the defendants in exchange for the amount to be determined by the experts to be appointed and to register them on their behalf.

14 lawsuits filed by TOKI against the landowners fell to the Istanbul 3rd Civil Court of First Instance. The defendants recalled that the plots subject to the case remained at the site of the third airport construction to be built and argued that the amount given by TOKI was very low compared to its peers. The defendants, who argued that TOKİ offered between 22 lira and 35 lira per square meter, argued that the square meter of the square meter found buyers from 300 lira to 500 lira depending on the location of the precedent plots in the same region.


The court sent the files to the expert delegations of 6 people consisting of civil engineer, map and cadastral engineer, architect and agricultural engineer. The experts reminded that the area where the lands are located is within the "Reserve building area" where the third airport construction will be made. The experts stated that the price of the square meter varies between 200 liras and 500 liras depending on the location of the defendants.


The experts, Akçelik Mining company, whose 54.507 square meter land of TOKİ was expropriated, was exported to İsmail Tükenmez, 10 million 901 thousand, 9.840 square meter land was expropriated, 2 million 785 thousand, and 4.520 square meter land was expropriated to Topzan Marble company. also reported that they should pay 1 thousand 602 TL of expropriation.


TOKİ said, “3. The added value of the airport project to the region has been taken into consideration as an evaluation criterion. This attitude of the expert committee contradicts article 11 of the Expropriation Law ”and objected to the expropriation costs determined by the experts.

The Court Satisfied

In April, the court asked the plaintiff to deposit the defendant to the bank accounts of the defendant landowners by TOKI. TOKI did not deposit this amount. The court decided to deposit for the second time at the hearings held on 4 June 2014. TOKI did not comply with the decision of the second storage of the court.

The court ruled 14 cases at trials today. Hüseyin Balaban, TOKİ's Lawyer, stated that the expropriation price determined by the experts is very exorbitant and said, “For this reason, we did not meet the warehouse requirement”.


Mehmet Coşkun Gündüz, judge of the Istanbul 3rd Civil Court of First Instance, rejected the lawyer Balaban's request for a repository decision and concluded the lawsuits against TOKİ. Reminding that TOKI did not deposit this amount in the defendants' accounts even though it made a warehouse decision for the second time in the previous hearing, the judge Gündüz ruled that the expropriation annotation placed in the title deeds was also abolished upon the finalization of the decision.


One of the defendants, Akçelik Madencilik's lawyer, Kemal Altın, answered DHA's questions about the decision over the phone.

“TOKİ did not pay because it found the amounts determined by the experts high. According to the expert accounts, he had to pay 11 million TL to my client, but he did not. He offered us 22 TL per square meter. This amount is very low, it sued us for not accepting it. However, he lost.

No action can be taken on the construction of the third bridge on the lands subject to 14 cases lost today. Either by changing the project, we will exclude our lands from the airport construction or decide to re-nationalize and start a new court process. One option is to make a new agreement with the landowners without going to court. We had 10 cases related to 10 parcels. Some parcels are located where the runways will be built, and some correspond to the construction site. ” he spoke.


Cengiz-Kolin-Limak-MAPA-Kalyon joint venture won the tender of the third airport, planned to be built with the build-operate-transfer model by the Ministry of Transport, Maritime Affairs and Communications, with a bid of 3 billion 2013 million Euros. The groundbreaking ceremony of the airport, which is planned to cost 22 billion 152 million Euros, was held on 10 June 247 by Prime Minister Recep Tayyip Erdoğan.

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