📩 30/11/2018 16:17
Cancellation from Judiciary for Expropriation for New Station in Konya: TCDD expropriated 222 workplaces last year to build a High Speed Train (YHT) station in the region called Old Wheat Market in Konya. Some workplace owners who found the price low applied to the Council of State.
The 6th Chamber of the Council of State ruled in May 2005 that the urgent expropriation decision of the Council of Ministers in XNUMX only covered the route of the YHT line and not the construction of the station, and ruled that expropriation could not be made. Upon the decision of the Council of State, TCDD officials filed a lawsuit with the Civil Court of First Instance for the determination of the expropriation value and the registration of the immovables in the name of the administration. The Court of First Instance also made a decision similar to the decision made by the Council of State last Friday, stating that the expropriation only covers the YHT route, and rejected the lawsuit filed by TCDD.
TCDD and Konya Metropolitan Municipality decided to build a YHT Station on an area of 222 thousand square meters, where 112 workplaces generally sell grain and pulses. Following the zoning change initiated in 2011, the 'urgent' expropriation was implemented with the decision of the Council of Ministers in 2 for the construction of the YHT line in accordance with the 942th article of the Expropriation Law numbered 27 thousand 2005.
The delegation of construction and property experts appointed by the Konya 5th Civil Court of First Instance determined a value of 222 lira per square meter of 400 workplaces in the region. The tradesmen, who claimed that the square meter price of the workplaces was at least 2 thousand liras, reacted to the determined value. TCDD deposited their money in the accounts opened on behalf of the tradesmen upon the determination of the Court of First Instance.
BRAKE BY GAR MAKING CONSULTANT
8 business owners in the region claimed that the 'urgent' expropriation decision taken by the Council of Ministers was taken for the YHT line and did not cover the station area, and based on this decision, the expropriation of the immovables was unlawful and filed a lawsuit with the Council of State for the annulment of the decision of the Council of Ministers and the suspension of the execution. The 6th Chamber of the Council of State resolved the case in May and ruled that the urgent expropriation decision of the Council of Ministers in 2005 only covered the route of the YHT line and did not include the construction of the station.
TCDD'S CASE REFUSED
Despite the decision of the Council of State, TCDD officials filed a lawsuit with the Civil Court of First Instance for the determination of the expropriation value and the registration of the immovables in the name of the administration for those who did not transfer their workplaces last June. In the hearing held on Friday, he rejected the lawsuit filed by TCDD, stating that there was no expropriation decision duly taken by TCDD, and that the expropriation only covered the YHT route.
REMEDY DECISION DECISION
Bekir Akıncı, the lawyer of the business owners who opened the case, said that with the rejection of the case, it became clear that there was no expropriation decision taken by TCDD and that he could not expropriate without taking a decision. Stating that re-expropriation decision will take 5-6 months and they will continue to seek rights in such a situation, Akıncı said:
“People's property cannot be bought at any cost. This is a violation of both human and servant rights. The lawsuit we filed for the cancellation of the zoning plan has not been decided yet. If this decision is in our favor, it will no longer be legally possible to build a YHT station at the Eski Wheat Market location. If our request is rejected, TCDD will be able to continue its work with the goal of expropriation. "
"EXPROPRIATION COINS CAN BE RETURNED"
Reminding that some people have received their compensation, Akıncı said, "If the zoning plan is canceled or the administration gives up the expropriation, they will have to return the money they have withdrawn together with the interest." Noting that the problem can be solved with the Metropolitan Municipality, Akıncı continued as follows:
“It is the municipality that changed the zoning plan of this place and gave a place to TCDD. Municipality. If our citizens want to solve the problem, they should take the responsibility. At this stage, the municipality can negotiate with the owners and buy the immovables. Or, in return, he can show business owners another place. Nobody's concern here is 'beating the vineyard'. Everyone is in a hurry to 'claim the grape they have'. Therefore, when it is approached with good intentions, it can be resolved in a very short time. "
Akıncı stated that the area planned to be expropriated for the YHT Station is located approximately 800 meters away from the shopping center, luxury residences and the land prices start from 2 thousand to 2 thousand 500 liras per square meter.