Petition for Compensation Due to Chemical Pollution on Agricultural Land

TO THE DUTY PRIMARY CIVIL COURT OF THE REPUBLIC OF TURKEY ……………..

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PLAINTIFF
: …… …… (TR Number: ………………)
Address: ……………………………………………………………

ATTORNEY
: Attorney …………………………………
Address: ……………………………………………………………

DEFENDANT
: …… ……
Address: ……………………………………………………………

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SUBJECT OF THE LAWSUIT: Claim for compensation for additional material damages resulting from chemical contamination of the soil over time . (Turkish Code of Obligations, Articles 49 and subsequent articles)

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EXPLANATIONS

1. Due to the damage caused by the harmful chemical waste released by the defendant's factory operating within the boundaries of …… District, which spread to our client's agricultural lands in …… village, the …… Civil Court of First Instance previously awarded compensation in favor of our client in case number ……/…… E.

2. The expert report obtained during the aforementioned lawsuit could only the concrete damages that occurred at that time ; however, the explanatory section of the report that the effects of the chemicals injected into the soil could manifest over the years, and that the period of crop failure and soil erosion could be spread out over time.

3. The court, in its final decision, took this matter into consideration and added a note stating that "a review may be requested for additional damages that may arise in the future," a condition for this part of the proceedings that the damage must be fully incurred and measurable .

4. Our client was unable to plant crops in the field in question during the previous season, resulting in a temporary loss of income and a loss of … TL. A new report from agricultural engineers, to be submitted to the court, has revealed that the soil is also unsuitable for crop production this year. Furthermore, our client expenses for field clearing, fallowing, and soil preparation to improve the land .

5. As stated in the decision of the 4th Civil Chamber of the Supreme Court of Appeals, numbered 2016/12285 E., 2017/5020 K.:

"If the extent of the damage cannot be determined immediately after the incident and emerges over time, the victim may claim additional compensation. In this case, the lawsuits filed will be considered new damage claims."

6. Therefore, this lawsuit does not contradict the final judgment of the previously filed lawsuit; it is an independent claim based on a new legal ground for additional and new damages

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EVIDENCE

• …… Civil Court of First Instance, case file number ……/…… E

• Initial expert report

• The report was prepared by the new agricultural engineer and experts

• Land registry records, aerial images

• Witness statements

• Agricultural directorate and environmental analysis reports

• Other legal evidence

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LEGAL GROUNDS

Turkish Code of Obligations Articles 49, 50, 51, Code of Civil Procedure, relevant environmental and agricultural legislation

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CONCLUSION AND REQUEST

For the reasons stated and explained above;

• Our client's material damages of … TL , which could not be determined in the previous case, emerged over time and became measurable as of this year,

• The defendant shall pay the amount along with legal interest accruing from the date of the incident.

• The court costs and attorney's fees are to be borne by the defendant

I respectfully request and demand, on behalf of my client, that a decision be made.

Date: … / … / 20…

Plaintiff's Attorney
, …………………………
Signature

                                                          YAĞMUR YORULMAZ, LAW FACULTY STUDENT