Council of State Said 'Stop' to TCCD's Quarry

tccd quarry said danistay stop
tccd quarry said danistay stop

The Izmir 3rd Administrative Court canceled the decision of the Governorship of Izmir 'EIA is not required' for the quarry planned to be built by TCDD General Directorate in Menemen. Upon this, TCDD appealed the matter, but the Council of State approved the decision of the local court and decided that the mine that was planned to be opened could not be opened on the grounds that it would damage the environment, agricultural lands and olive trees.

The crushing, screening mechanical plant ready-mixed concrete project with an annual capacity of 750 million 1 thousand tons planned to be built by the TCDD General Directorate, next to the Menemen Değirmendere Village Süleymanlı regulator and about 600 meters from the Gediz River, İzmir Governorship Provincial Directorate of Environment and Urbanization, in August 2017 He made the decision 'Environmental Impact Assessment (EIA) Not Required'. Cancellation of the decision under the leadership of Menemen Municipality, Tradesmen and Craftsmen Credit and Surety Cooperative, Menemen Chamber of Drivers and Automobile, Menemen Chamber of Agriculture, Menemen Minibuscular Chamber, Menemen Chamber of Crafts, Menemen Chamber of Crafts and Menemen Chamber of Commerce, Menemen Environment and Solidarity Platform members and lawyers A lawsuit was filed at the Izmir 3rd Administrative Court. The 3rd Administrative Court canceled the 'EIA is not required' decision of the Governorship in February 2019. TCDD appealed to overturn the cancellation decision.

After hearing the opinion of the Council of State Investigation Judge, the Sixth Chamber of the Council of State, which made the decision, said, “After listening to the statements of the Investigative Judge and examining the documents in the file, the necessity of the work was discussed. Judgments made by administrative and tax courts can be reversed by appeal, if one of the reasons specified in Article 2577 of the Administrative Jurisdiction Procedure Law No. 49 is found. Since the decision dated 3/20/02 and numbered E2019 / 2017, K1897 / 2019 issued by the Izmir 253rd Administrative Court and the grounds on which it is based are in accordance with the law and procedure and there is no reason to revoke it, the rejection of the appeal request and the approval of the said decision, the appeal expenses on 2577/20/2, it was decided to leave the file on the found, to send the file to the Court, to announce that the correction of the decision is closed pursuant to Article 26 / A - 06- (i) of the Administrative Trial Procedure Law No. 2019, unanimous in principle, and by majority vote on the justification. " statements were included.

Very close to Gediz River

Some of the articles of the Council of State justifying the local court and approving the decision are as follows: “In short, the project is located in the east of Menemen district, where the Manisa-Menemen Highway is 500 meters north, and the Gediz River is approximately 750 meters north, Değirmendere Mahallesi The area with access license number 3356201 is located on a sloping hill, there are gardens, buildings, agricultural areas and maquis in places on the land, the subject property is located very close to the Gediz River and has a very dense texture in terms of archeology and art history. 1. (First) and 3. (Third) Degree Archaeological Site of these archaeological remains, where the archaeological remains of the Middle Ages are intensely located in the region, which is extremely rich in archaeological archaeological sites belonging to the Ancient Greek and Roman Periods. It is seen that the project subject to the case is' ll-A group mine, crushing-element It has been understood that there is a mechanical plant and ready mixed concrete plant activity with e.

Dust calculations not done correctly

In terms of environmental engineering, dust is the most important pollutant to be created by the enterprise in question and fine particles can be transported long distances after control, can create adverse effects on human and plant life, and when the project description file is examined, dust calculations are not made correctly and dust concentrations that will occur during the implementation of the project are the worst scenario. It was determined that the adverse effects of the concentrations to be created in the nearby buyer point will be adverse, during the discovery made at the subject project site, it was observed that there were agricultural lands adjacent to the license area and around the access road, the region was observed to be an agricultural production area where olive, fruit, cereal and vegetable cultivation is intensely carried out There are areas in the vicinity of olive groves, as well as individual olive trees that are crazy or grafted in the scrub areas within the license area. Since there will be unforeseen damages in PTD in terms of dust emission due to the existence of olive cultivation areas at a distance of 250-300 m in the neighboring parcels and vegetable and cereal cultivation areas at a distance of 500-600 m, it has been understood that the decision of Environmental Impact Assessment Not Required for the subject project area is not appropriate. We do not agree with the majority decision in terms of justification, with the view that the decision of the Administrative Court should be canceled for the stated reason, since it is concluded that the 'EIA Not Required' decision cannot be made on the basis of the current project description file. " statements were included.

'EIA cancellation decision' in Urla approved

For the stone quarry intended to be established in Urla, it was decided by the Governorship of İzmir that 'Environmental Impact Assessment (EIA) is not required. The residents of the neighborhood won the lawsuit filed at the İzmir 2nd Administrative Court for the cancellation of the EIA. Upon the objection, the 6th Chamber of the Council of State, which examined the file, upheld the decision of the local court.

For the limestone quarry and crushing and screening plant to be established between Kadıovacık and Balıklıova neighborhoods of Urla, it was decided that 'EIA is not required'. Following this decision of the Governorship of İzmir, the residents and environmentalists who filed an annulment case at the İzmir 2nd Administrative Court ensured the cancellation of the project after a long struggle. The court determined that the project site, which it examined on the sketches, is less than 3 kilometers from the olive groves. The court, which did not see the need for discovery, canceled the 'EIA is not required' decision. Balıklıova residents celebrated the court's decision by making bagel on April 25, and those living in Kadıovacık by cooking and distributing keskek. However, İzmir Governorship objected to the decision of the local court. The 2th Chamber of the Council of State, which examined the file after the objection, which was requested to revoke the decision of the Izmir 6nd Administrative Court on the grounds that it was against the procedure and the law, stated that there was none of the reasons for the reversal in the appealed decision and approved the decision, which was emphasized to be in accordance with the procedure and the law. (Halil Özcan - Haberekspres)

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