Petition for the Annulment of the Metropolitan Municipality Mayor's Decision

TO THE DUTY ADMINISTRATIVE COURT
OF ANKARA

The request includes a stay of execution,
an on-site investigation, an expert examination, and a hearing.

PLAINTIFF: Name and Surname (Turkish Republic Identity Number: …)
Address: …
REPRESENTATIVE: Lawyer's Name and Surname – Address

DEFENDANT: … Metropolitan Municipality/…

SUBJECT OF THE CASE: The request is for the annulment of the decision dated …/…/… and numbered … of the municipal council, which approved the amendment to the 1/1000 scale zoning plan, dated …/…/… and numbered …, regarding the increase of the building height condition from H… meters to H… meters in the parcels numbered … and … in … Island, … Neighborhood, … District, … Province.

DATE OF NOTIFICATION OF THE TRANSACTION SUBJECT TO THE LAWSUIT: …/…/…

REASONS FOR THE LAWSUIT:

1. Exceeding Authority: According to Article 14 of Law No. 3030, decisions taken by metropolitan and district municipal councils must be sent to the metropolitan mayor and approved by the mayor. However, the municipal council decision in question was approved by the metropolitan municipality's general secretariat instead of the metropolitan mayor. This constitutes an abuse of authority and is therefore unlawful. This decision, taken by an unauthorized body of the municipality, should be annulled.
2. It appears that the municipality made this decision without adequately considering the environmental impact assessments and public opinions mentioned in the report dated … and numbered …. In particular, sufficient assessments were not made regarding the existing building conditions in the … neighborhood and the protection of the coastal protection zone requested by the local population. This situation is considered part of a practice that disregards public interest and environmental balance.
   • Furthermore, the minutes of the meeting held on [date] with broad participation from the local community contain concerns that the zoning plan amendment would negatively impact the social and economic structure of the neighborhood. These minutes demonstrate that the potential negative effects of the amendment on the local community were ignored.
3. Irregularities:
   • It appears that the municipality failed to fulfill its obligations to announce and inform the public, and did not follow the necessary procedures, when making the decision regarding the zoning plan amendment. In this context, it has been observed that sufficient information was not provided in the official announcements dated … and the announcements made on …, and there were deficiencies in informing the public.

LEGAL GROUNDS:

1. Municipal Council Resolution
2. Land registry records and other legal evidence
3. Law No. 3030 and related legislation

CONCLUSION AND REQUEST: For the reasons briefly explained above, I respectfully request and demand that the decision of the municipal council dated …/…/… and numbered … regarding the approval of the 1/1000 scale zoning plan amendment, numbered …, concerning the increase of the building condition from … meters to H: … meters in the parcels numbered … and … in … Island, … Neighborhood, … District, … Province, be annulled, and that the court costs and attorney's fees be borne by the opposing party. …/…/…

Plaintiff's
Attorney's Name and
Surname