… TO THE PRESIDENCY OF THE ADMINISTRATIVE COURT;
Plaintiff:
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS :
SUBJECT : … Province, … District, … District, …. sheet, …. It consists of an annulment of the decision of the Municipality-Committee of …/…/… dated …/…/…, numbered …, regarding the expropriation of the immovable no. island, parcel no., and a claim for compensation for the damage arising from the inability to use the immovable during the expropriation process.
DATE OF NOTIFICATION: …/…/…
DESCRIPTIONS :
1-) … Province, … District, … District, …. A public benefit decision (Annex-2) was taken on …/…/… by the Municipal Committee regarding the plot, … island, … parcel number (ANNEX-1), and on …/…/… and …/…/…, client registration owner was invited to bargain, after our client did not accept the invitation… Following the expropriation decision of the Municipal Committee with the date …/…/… and number … (Annex-3), a lawsuit was filed in the Civil Court of First Instance for the determination of the price of the real estate and its registration on behalf of the defendant administration. The petition and its annexes (Annex-4) were served to our client on …/…/….
2-) The immovable subject to the lawsuit is within the jurisdiction of the Metropolitan Municipality in terms of location. The protocol (Annex-5), which includes the transfer of authority between … Metropolitan Municipality and the defendant … Municipality to the defendant municipality, is also devoid of legal basis. For this reason, the expropriation process carried out by the defendant … Municipality is unlawful in terms of the element of authority.
3-) On the other hand, our client could not use the immovable property during the execution of the expropriation process by the municipality, and he suffered a loss of ….. TL due to the inability to use it.
4-) For the reasons explained above, an obligation to apply to your court has arisen in order to cancel the expropriation process in question and to decide on the compensation of the loss of ….TL arising from the inability to use the immovable.
LEGAL REASONS: 2709 S. K. m. 46; 2942 S.K.m. 14; 2577 S.K.m. 3,
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LEGAL EVIDENCE:
1-) … Province, … District, … Neighborhood, … sheet, … island, … parcel numbered immovable title deed registration
2-) … The expropriation decision of the Municipal Committee with the date …/…/… and number …,
3-) Public benefit decision on …/…/… given by the Municipal Committee,
4-)… The petition and its annexes filed in the Civil Court of First Instance,
5-) The protocol between … Metropolitan Municipality and the defendant … Municipality, which includes the transfer of authority to the defendant municipality,
6-) Discovery and expert examination.
CONCLUSION AND REQUEST: For the reasons explained above, the annulment of the decision of the municipal committee numbered …/…/… regarding the expropriation of … Province, … District, … District, … sheet, … island, … parcel number and compensation for the loss of ….TL. We request from your Court to decide that the litigation expenses (to be increased according to the amount determined after the discovery and expert examination) be charged to the defendant. …/…/…
ATTACHMENTS:
1-) … Province, … District, … District, …. plot, … island, … parcel numbered immovable title deed registration
2-) … The expropriation decision of the Municipal Committee with the date …/…/… and number …,
3-) Public benefit decision on …/…/… given by the Municipal Committee,
4-)… The petition and its annexes filed in the Civil Court of First Instance,
5-) The protocol between … Metropolitan Municipality and the defendant … Municipality, which includes the transfer of authority to the defendant municipality,
6-) One copy of approved power of attorney.
Plaintiff’s Attorney
Hunting.
