Petition for Annulment of the Zoning Plan

TO THE DUTY ADMINISTRATIVE COURT
OF ANKARA

PLAINTIFF: [Name and Surname Confidential] (Turkish Republic Identity Number: …) – [Address Confidential]
REPRESENTATIVE: [Attorney's Name and Surname Confidential] – [Address Confidential]

DEFENDANT:

1. [Municipality Name Hidden] – [Address Hidden]
2. [Metropolitan Municipality Name Hidden] – [Address Hidden]

SUBJECT: Request for the cancellation of the zoning plan amendment on the property located in [Province Name Hidden], [Central or District Name Hidden] district, [Map Sheet No. Hidden], [Parcel No. Hidden].

EXPLANATIONS:

1. The properties belonging to our client, located within the boundaries of [Municipality Name Withheld] and specified in the attached documents, are listed in the municipality records as parking areas to be expropriated in the zoning plan dated [Date Withheld]. However, neither [Municipality Name Withheld] nor [Metropolitan Municipality Name Withheld] has made any request since the date the zoning plan was made. Our client has submitted a written application to [Municipality Name Withheld]. [Municipality Name Withheld] responded that an application should be made to the municipal council for the cancellation of the zoning plan; following this letter, an application was made to [Municipality Name Withheld] on [Date Withheld], but no response has been received.
2. Approximately 25 years have passed since the current zoning plan was created. During this period, the property has not been usable by my client, nor has any expropriation process been carried out by the municipality. According to Article 10 of the Zoning Law, municipalities must prepare a 5-year zoning program to implement these plans within a maximum of 3 months from the date the zoning plans come into effect. Within the framework of this program, the areas allocated for public service facilities must be expropriated by the relevant public institutions. However, the property belonging to my client has not been expropriated within this period. As stated in the decision of the Council of State Administrative Litigation Chambers Board dated May 24, 2012, case number 2007/2255; decision number 2012/801, in order to maintain the fair balance that must be observed between public interest and property rights, and to prevent property rights from being rendered uncertain, the zoning plans of properties that have not been subject to expropriation within 5 years should be annulled. For this reason, we believe that the necessary changes should be made to the zoning plan. It has become necessary to file a lawsuit for the annulment of the 1/1000 and 1/5000 scale zoning plans prepared by [Municipality Name Withheld].

EVIDENCE: Photocopy of the title deed, zoning plan, and other evidence.

LEGAL GROUNDS: Administrative Procedure Law, the decision of the Council of State's Administrative Litigation Chambers Board dated May 24, 2012, case number 2007/2255; decision number 2012/801, and other relevant laws.

CONCLUSION AND REQUEST: For the reasons stated above and other reasons that your court may consider ex officio, I respectfully request and demand that both the 1/1000 and 1/5000 scale zoning plans, which are included in the Implementation Zoning Plans approved by the [Decision No. Hidden] Municipality Council Decision dated [Date Hidden] and numbered [Decision No. Hidden], and which pertain to the Residential Area and Parking Area with a building condition of 4-story attached buildings, be annulled, as the expropriation process for the land designated as a parking lot in the zoning plan was not carried out within 5 years in accordance with the zoning program, and that the court costs and attorney's fees be borne by the opposing party. …/…/…

Plaintiff's Attorney
[Attorney's Name and Surname Confidential]
Signature