Petition Seeking Compensation For Unlawful Seizure Of Real Property
… TO THE PRESIDENCY OF THE ADMINISTRATIVE COURT;
PLAINTIFF : TC ID No.:
ADDRESS :
ATTORNEY :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : This petition concerns our claim for compensation due to unlawful interference with real property.
CASE VALUE :
SERVICE DATE : …/…/…
OUR STATEMENTS
1-) Our client is the sole owner of the entire real property located in … Province, … District, … area, Plot No. …, Parcel No. …, with an area of … m².
2-) The aforementioned property was designated for public use as a children’s park in the Zoning Plan dated …/…/….; however, despite having been allocated for public use as a children’s park since …, no actions consistent with the allocation purpose have been taken to date. Furthermore, it is established that the defendant administrative authority has not carried out any actual act of taking possession of the property.
3-) Our client has repeatedly filed applications with the … to the Mayor’s Office and the … Governor’s Office, but these applications have remained unresolved; despite the property having been designated as a children’s park area in the zoning plan for years, the defendant authority has not carried out the expropriation process in accordance with its intended purpose.
3-) This situation has effectively deprived our client of their right to dispose of the property in question. It is self-evident that, despite having the opportunity to construct a building on the property—which has been designated as a children’s park area in the zoning plan since … and has remained un-expropriated for many years—our client has been unable to do so and has suffered as a result.
4-) For the reasons explained above, it has become necessary to file a petition with this Court to recover from the defendant institution the compensation for the … m² of the property that was unlawfully appropriated without expropriation.
LEGAL GROUNDS : Law No. 2942, Transitional Art. 6; Law No. 2577, Art. 2; Law No. 2247, Arts. 10, 12, 27
LEGAL EVIDENCE :
1-) Land registry records,
2-) The zoning plan dated …./…/…,
3-) The application submitted to the … Municipality on …/…/…,
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request that the defendant administration be ordered to pay the amount of … TL, … TL, along with interest accruing from …/…/… at the rate of …%, and that the litigation costs be borne by the opposing party. We respectfully request, on behalf of our client, that the court render such a decision. …/…/…
Plaintiff’s Counsel
Attorney
ATTACHMENTS: