Eskişehir Administrative Court decided to stay the execution of the expropriation decision taken for the manufacturing facility of Erciyas Wagon.
Eskişehir Organized Industrial Zone (EOSB) had announced that it would invest 45 million dollars for the new wagon production facility of Erciyas Vagon in the organized industrial zone.
Erciyas Wagon and Transportation Vehicles Inc. announced that it would invest in a fully integrated and automated facility in the first phase of 45 million dollars in order to expand its new wagon manufacturing activities. It was stated that the investments will be made in phases and the facility, which will be located on a total of 174 thousand square meters of land, will consist of a closed area of 66 thousand square meters. It was stated that the construction activities of the investment will start in the second quarter of 2022, and the first phase is expected to be operational in the first quarter of 2023.
“DAMAGES WILL BE DIFFICULT TO REMEDY”
The decision of the Eskişehir Administrative Court was explained as follows:
“With the interim decision of our court dated 26/o1/2022, Eskişehir Provincial Directorate of Agriculture was asked whether the immovable subject to the lawsuit is within the scope of Articles 5403 and 13 of Law No. 14, and if it is within this scope, whether a non-agricultural use permit has been obtained in accordance with the legislation. In the reply dated February 3, 2022 of the Directorate of Forestry and Forestry, it was reported that the real estate with parcel number 171 in Hasan Bey Mahallesi is in the category of irrigated absolute agricultural land evaluated within the scope of Article 5403 of Law No. 13, and it was seen in the archive records that no non-agricultural permit was obtained. According to this, it is clear that a non-agricultural use permit must be obtained within the scope of Article 5403 of Law No. 13 in order to expropriate the parcel in the name of the Organized Industrial Zone, since the parcel in question is located within the boundaries of the organized industrial zone development area, and since there is no permission obtained in this context, the case in question did not comply with the law. On the other hand, since it is understood that the use of the plaintiffs' right to property will be restricted with the implementation of the decision in question, it is clear that irreparable damages will occur in terms of concrete disputes. Since the execution of the action subject to the lawsuit, which is clearly unlawful for the reasons explained, may result in irreparable damages, it was decided to stay the execution of the case until the end of the case without obtaining a guarantee, pursuant to Article 2577 of the Law No. 27, with the possibility of appeal to the Bursa Regional Administrative Court within 7 days from the notification of the decision.
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