Flash Decision in IMM's Case for Annulment of Haydarpaşa and Sirkeci Tenders

haydarpasa and sirkeci gari trial refused to stop execution
haydarpasa and sirkeci gari trial refused to stop execution

The first decision was made in the lawsuit filed by Istanbul Metropolitan Municipality (IMM) companies, demanding the cancellation of the tender and the suspension of its execution, after the unlawful elimination of the tender opened by TCDD to lease the storage areas of Haydarpaşa and Sirkeci stations. Istanbul 11th Administrative Court rejected the request on the ground that the conditions for stay of execution were not met. The court, which accepted the IMM's request for intervention in the case, is now waiting for the main decision on the cancellation of the tender.


SözcüAccording to the news of Özlem Güvemli from; “İBB's affiliate companies Kültür A.Ş-İSBAK, who submitted an offer to the tender opened by TCDD on October 29, 15 to lease about 4 thousand square meters of idle warehouse areas in Haydarpaşa and Sirkeci stations for use in culture and art events for 2019 years. -Metro A.Ş-Medya A.Ş filed a lawsuit on October 21, 2019 with the request for suspension and cancellation of the tender execution.

On 11 January 6, the Istanbul 2020th Administrative Court decided on the request of the case to stop the execution.

In the decision, in the article 27 of the Administrative Judicial Procedure Law titled “Stopping Execution”, the defense of the defendant administration was taken or the defense period was taken when the conditions of the lawsuit or administrative courts occured in case of uncompensable and uncompensable damages in case of the administrative procedure and that the administrative procedure was clearly unlawful. afterwards, it was reminded that they could decide to stop the executive with justification.

When the file was examined, it was understood that the conditions stipulated in the law did not occur together and the request for the suspension of the execution was rejected.

MAIN DECISION WAITING

The court rejected the request to stop the execution and accepted the IMM's request to be involved in the case. Now the court's main decision on the cancellation of the tender is expected.

WHAT HAPPENED?

4 bids were submitted to the tender held by TCDD on October 2019, 4, while 2 companies were eliminated; From the Hezarfen Consultancy Limited Company owned by Hüseyin Avni Önder, 33, a former İBB employee who was the general manager of the Okçular Foundation until recently, and the subsidiary companies of İBB from Kültür A.Ş-İSBAK-Metro A.Ş-Medya A.Ş. the consortium was left.

In the tender, where TCDD has estimated the monthly rent amount to be 30 thousand TL, Hezarfen Consultancy has submitted an offer of 300 thousand TL and İBB consortium has offered 100 thousand TL monthly. After the announcement of the bids, the parties were called to negotiate within 15 days of the tender was announced.

While the tender commission is expected to invite the parties to the bargain, it was revealed that the tender was held on October 18, 2019, and that the IMM was reported to have been eliminated in writing without even being invited. It was announced that Hezarfen Consultancy, who was invited to the tender alone, increased the figure to 350 thousand liras and received the tender.

İBB President Ekrem İmamoğlu reacted very strongly to the tender process and said, “We are filing a criminal complaint with all the lawyers of IMM on Monday. How many lawyers who want to participate in Istanbul are filing a criminal complaint. All our lawyers will go for the rights of 16 million people will go. Aray

Then, on October 21, 2019, the Istanbul Metropolitan Municipality consortium, who was eliminated from the tender unlawfully, filed a cancellation lawsuit with the request of the District Administrative Court to suspend the execution of the tender.


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