… TO THE PRESIDENCY OF THE ADMINISTRATIVE COURT;
PLAINTIFF: TR Number:
ADDRESS:
DEPUTY:
ADDRESS:
DEFENDANT:
ADDRESS:
SUBJECT: … Province, … District, … District, …. sheet, …. It consists of submitting our petition, which includes the annulment of the Municipality-Committee decision numbered …/…/… regarding the expropriation of the immovable property numbered island, parcel numbered …, and requesting compensation for the damage arising from the inability to use the immovable property during the expropriation process.
NOTIFICATION DATE: …/…/…
OUR DISCLOSURES
1-) … Province, … District, … District, …. A public interest decision was taken by the Municipal Committee on the date of …/…/… regarding the immovable property numbered sheet, … island, … parcel, and on the days …/…/… and …/…/…, the client, the owner of the record, was invited to bargain, and after our client did not accept the invitation… Following the expropriation decision of the Municipal Committee dated …/…/…, numbered…, a lawsuit was filed in the Civil Court of First Instance… for the determination of the price of the immovable property and its registration on behalf of the defendant administration. The petition and its annexes were notified to our client on …/…/….
2-) The immovable property in question falls within the jurisdiction of the Metropolitan Municipality. The protocol between the … Metropolitan Municipality and the defendant … Municipality, which includes the transfer of authority to the defendant municipality, also lacks legal basis. For this reason, there is a clear unlawfulness in the expropriation process carried out by the defendant Municipality in terms of authority.
3-) On the other hand, during the execution of the expropriation process by the municipality, our client could not use the real estate, and due to not being able to use it, a loss of TL ….
4-) For the reasons explained above, it has become necessary to apply to your court for a decision to cancel the expropriation process in question and to compensate for the damage of ….TL arising from the inability to use the real estate.
LEGAL REASONS: 2709 S.K. art. 46; 2942 S.K.m. 14; 2577 S. K. m. 3, 32
LEGAL EVIDENCE:
1-) Real estate title deed registration with … Province, … District, … District, … sheet, … block, … parcel number.
2-) … Municipal Committee’s expropriation decision dated …/…/…, numbered …,
3-) Public interest decision made by the Municipal Committee on …/…/…,
4-)… The petition filed in the Civil Court of First Instance and its annexes,
5-) Protocol between the … Metropolitan Municipality and the defendant … Municipality, including the transfer of authority to the defendant municipality,
6-) Discovery and expert examination.
CONCLUSION AND REQUEST: For the reasons we have explained above, we request your Court to annul the decision of the municipal council dated …/…/… and numbered … regarding the expropriation of the immovable property numbered … Province, … District, … Quarter, … section, … island, … parcel, and to compensate the damage of ….TL (to be increased according to the amount determined after the discovery and expert examination) and to charge the defendant with the trial expenses. …/…/…
ANNEXES:
Plaintiff’s Attorney
Av.
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