T.R. JUDICIARY 20th Law Office Base: 2017/8118 Decision: 2020 / 630 Decision Date: 11.02.2020
JUDICIARY DECISION
COURT: Cadastre Court
At the end of the hearing of the case between the parties, the Supreme Court’s examination of the verdict was requested by the plaintiff … Management, the main intervening Treasury and the defendant …, after the decision to accept the appeal petitions, which were understood to be in time, the file was examined and the need was considered:
DECISION
During the cadastre, the parcels no. 121 island 138 and 121 block 114 in the village of … are immovable with 1373.05 m2 and 21.925.35 m2 surface areas, respectively, and their field characteristics.
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the statute of limitations was determined on behalf of the internal defendant … based on possession.
Plaintiff … Management; He stated that the forest cadastre in Tepeli village, which was made in accordance with the provisions of the Law No. 3402 amended by Law No. 5304, was announced partially, but that the areas shown in the petition and which do not have island and parcel numbers because no measurement and limitation were made, although they are considered forest areas, these areas were excluded. filed a lawsuit against the Treasury and the village legal entity with the request of being included in the forest borders and registered in the name of the Treasury as a forest.
During the cadastre of the cultural lands made later, the determination minutes of the immovables subject to the lawsuit were drawn up and finalized. The cadastral records of the parcels that are the subject of the lawsuit and other plots were brought, and they were made the defendant by stating that they were the defendants due to the filing of a lawsuit in the partial announcement period regarding these areas. It was decided to separate the file by the number of numbers of them, and the trial was continued by registering on the new basis.
As a result of the trial made by the court; With the acceptance of the case of the Forestry Administration regarding the parcel no. 121, block 121, parcel no. 114 in Tepeli village, district of …, the cancellation of the cadastral determination of the parcel, the forest quality of the immovable, its registration and registration in the name of the Treasury, the section of the parcel no. 121, no. 138, indicated with the letter (A) in the science expert report. With the acceptance of the lawsuit, it was decided that the 878 m2 part be registered in the name of the Treasury as a forest, the case of the involved Treasury in terms of the 495.05 m2 section denoted with the letter (B) was accepted, the case of the Forest Management was rejected, and this part was registered in the name of the Treasury with its raw soil quality, The judgment was appealed by the claimant … Management against part (B) of parcel no. 121, parcel no. 138, and section (A) of parcel no. 121, parcel no. 121, parcel no. 121, by the intervening Treasury.
As a result of the appeal review, in summary, in the decision of our Chamber numbered 2016/6236 E. – 2016/11596 K.; In accordance with the thirteenth paragraph of the temporary article 1 of the Law No. 6360, the necessity of forming a party by ensuring the participation of the district municipality to which the defendant village is affiliated, the relevant metropolitan municipality and the Treasury to the case has been mentioned. As a result of the trial made by establishing a party in line with the annulment decision; With the acceptance of the case of the Forestry Administration regarding the parcel no. 121, block 121, parcel no. 114 in Tepeli village, district of …, the cancellation of the cadastral determination of the parcel, the forest quality of the immovable, its registration and registration in the name of the Treasury, the section of the parcel no. 121, no. 138, indicated with the letter (A) in the science expert report. With the acceptance of the case of the 878 m2 part, registered in the name of the Treasury with the nature of forest, the 495.05 m2 part denoted with the letter (B) in terms of the intervention of the Treasury, the rejection of the case of the Forest Management, the registration of this part in the name of the Treasury with the raw land quality, It has been decided that there is no need for an attorney fee appraisal in favor of the Treasury, and the judgment has been made by the plaintiff … Management for part (B) of parcel no. ) was appealed.
The case is about the objection to the cadastral determination.
The forest cadastre at the location of the contested immovable was made in accordance with the provision of Article 4 of the Law No. 3402, it was announced between 06/08/2008-05/09/2008 and the contested parcel was left out of the forest area.
In the scope of the file, the formation of a party in accordance with the annulment decision complied with by the court, and the examination and research carried out by the expert forest expert based on the old aerial photographs and the country map, in accordance with the method, of the 495.05 m2 section of the immovable no. 121, parcel no. 138, marked with the letter (B). As it is understood that it is from places that are not considered forest, the decision was made to register it in the name of the Treasury with the qualification of raw land.
