The İBB lawyers applied to the Istanbul 6th Administrative Court today, demanding to stop the execution and cancel the execution, on the grounds that irreparable damages would arise if Kanal Istanbul was brought to life.
The Istanbul Metropolitan Municipality filed a lawsuit against the Ministry of Environment and Urbanization at the Istanbul 6th Administrative Court, demanding the cancellation and suspension of the EIA Positive Decision regarding the Kanal Istanbul Project.
In the petition of the lawsuit, the "Administrative Jurisdiction Implementation Law (IYUY) Article 27, paragraph 2" includes the rule that if the administrative act is clearly unlawful and is implemented, it will be decided to suspend the execution in cases where compensatory and impossible damages occur together. The EIA Affirmative Decision, which is the subject of the case, which is against the law and will cause damages that is difficult and impossible to compensate if implemented, should be stopped with priority and urgency ”.
It is noted that the EIA Report is contrary to legal regulations, planning and urbanism principles and techniques, public interest, the Constitution, Environment and Zoning Legislation, International Conventions, and it is necessary to file a lawsuit since it will cause irreparable and impossible losses.
The reasons for cancellation regarding the process and the main are summarized as follows:
“As it is an alternative channel to the Bosphorus and Bosphorus, it should be evaluated regionally on an Istanbul scale. In the project, which will affect the whole of Istanbul from the Bosphorus to the Historic Peninsula, adequate evaluation of cultural heritage has not been made.
City planner in the EIA team; In the report, in which the impact of cultural heritage is evaluated, the absence of an architect, restorer architect or art historian is one of the most important signs that the impact of the project is not perceived sufficiently and does not need to be evaluated in all aspects.
The Ministry of Culture and Tourism is not included among the stakeholder institutions of the project.
The impact assessment of historical and cultural sites included in the World Heritage List has not been done independently and should be prepared by experts of the subject. Istanbul's 8500 year old historical and cultural heritage is under threat.
There is no information and evaluation in the report that the international agreements are being examined.
While suggestions and opinions should be included in the final EIA Report, it was not taken into consideration. Even the page numbers have not been changed.
While the report should be prepared after the development and approval of the zoning plans in accordance with the relevant legislation, even the Environmental Plan was approved after the EIA Report, while the sub-scale plans have not been prepared yet. This is a reason for annulment in accordance with current legal regulations and established judicial decisions.
While the project was being developed, public interest was not taken into consideration, and it was assumed by the investor Ministry that this was a rent project. As can be understood from the data included in the EIA Report, the Project will impose high and non-priority costs to the public.
The city's water resources, forests, agriculture and pasture areas face the danger of extinction. The ecological system will be destroyed.
The canal is not the right choice for ensuring safety of navigation. It is more prone to accidents because it is three times narrower than the Bosphorus. In addition, as per the Montreux Straits Convention, it is not possible to force the ships to pass through the channel.
The definition of waterway, which has been made legal with the amendment made in the Construction Law no.
It is not safe in terms of geological, geomorphological, geotechnical, engineering geology, geophysical, hydrological, hydrogeological, seismicity, tsunami, underground geology.
Reserve areas to be used in the event of a possible earthquake have been opened for construction other than their purpose.
As stated in the EIA Report, the amount of trees to be cut is over 201 thousand, not 400 thousand.
It will end the vitality in the Sea of Marmara.
During the preparation of the EIA Report for the Kanal Istanbul Project, the opinions of the relevant institutions and organizations were not taken into consideration, TUBITAK MAM, DSI and DHMI gave negative opinions to the Project, but these negative opinions were hidden from the public.
Streams, irrigation channels, sewerage systems, water and natural gas pipelines on the project route will be cut. The drinking and waste water facilities that will be canceled and rebuilt will cost 19 billion liras.
It will increase the traffic density and negatively affect the planned metro projects.
Seven bridges planned on the channel, especially during disaster; It will be insufficient in intervening in Çatalca, Silivri and Büyükçekmece districts. It will increase transportation costs in the city's waste management.
This amount is not included in the report content of precautions to be taken during the transportation of excavated soil, how to move to the landfills and storage area.
The amount of excavation to be excavated is equivalent to the excavation that Istanbul will produce for 36 years. The storage areas of the city will be insufficient for this excavation, which is foreseen to be transported in seven years. The amount of dust in the air will rise to levels that threaten human life.
Creating a landfill in the Black Sea with excavation will lead to pollution and destruction in the marine ecosystem and the Bosphorus. ”