In the lawsuit filed with the Regional Administrative Court against the National Rail Systems Test Center Project (URAYSİM), which is planned to be established on the fertile agricultural lands of the Eskişehir Alpu Plain, the court decided to stay the execution on the grounds that "it is not in the public interest", considering the expert report prepared by the expert committee of 7 people. made the decision.
While the farmers in the region reacted to the expropriation of fertile agricultural lands by laying approximately 100 kilometers of rail in the area that will cover the villages of Bozan, Çardakbaşı and Yeşildon for the URAYSİM test area, which is planned to be implemented in the Alpu district, Eskişehir Metropolitan Municipality, Alpu Municipality and the residents of the region filed a lawsuit with the Administrative Court.
“Eskişehir Metropolitan Municipality and Alpu Municipality brought the issue to the judiciary”
Sözcüof to the news Alpu-Bozan, Odunpazarı-Karahüyük, Tepebaşı-Gündüzler, Tepebaşı-Margı, Tepebaşı-Sepetçi and Tepebaşı-Yakakayı for the construction of the test roads of the URAYSİM project, the construction of which was started with the cooperation of the Ministry of Transport and Infrastructure and Eskişehir Anadolu University with an estimated budget of 504 million TL. The expropriation area for 6 million square meters of land was determined.
Eskişehir Metropolitan Municipality and Alpu Municipality, as well as the residents and farmers from the CHP, brought the issue to the court on the grounds that this expropriation was 'contrary to the public interest'.
“Not in the public interest”
In the case filed with the Eskişehir Regional Administrative Court, the expert panel formed by the court completed its report last month. An expert committee of 5 people, consisting of 7 academicians from universities, a geological engineer and a surveying cadastre engineer, concluded in the 77-page report that the URAYSİM project in its current form is 'not suitable for public interest'.
“The project will disrupt the integrity of the most fertile agricultural lands of the region”
The following findings were included in the report of the expert committee:
“The area of 6 million square meters that is to be expropriated for the test roads hits the pasture area, the DSI irrigation area border, the natural gas pipeline, the industrial area, the existing settlement area, the Porsuk floodplain border and the protected area, as well as fertile agricultural lands.
There, the land was consolidated and handed over to the producers, and irrigation infrastructure projects were completed. With the project, the integrity of the region's most productive agricultural lands will be disrupted. Changing the quality of agricultural land and using it for other purposes will cause irreversible damages. It is illegal to use it for any purpose other than agriculture.
“No opinion was received from DSI and AFAD”
DSI's opinion was not received on whether the test roads are within the flood and flood protection zone. There are active faults near the project site, but it has been determined that AFAD has not received an institutional opinion on this matter. Possible future risks in terms of ground and disaster have been ignored. The lands on which the test tracks will be laid were not evaluated within the planning discipline and hierarchy.
“It may cause the destruction of cultural assets”
Since there are many immovable cultural assets such as mounds, flat settlements and necropolises on the plain where the project will be built, the project may cause irreparable damage.
As the project is heavily populated and located on the potential 'Great Caravan Road' cultural route, outstanding public interest is overshadowed. Expropriation would not be in the public interest in terms of cultural assets.”
Court's stay of execution decision
The committee of experts concluded that 'URAYSİM Project is not suitable for public interest due to the reasons explained'.
The Administrative Court decided to stay the execution of the lawsuit filed regarding the URAYSİM project, taking into account the expert report prepared by the expert committee of 5 people, consisting of 7 academicians from universities, a geological engineer and a mapping and cadastral engineer.
In the last part of the reasoned decision, it was stated that "Since the execution of the action which is the subject of the lawsuit, which is clearly unlawful for the reasons stated in the expert report, difficult to compensate may occur, it has been decided to stay the execution until the end of the lawsuit without obtaining any security, pursuant to Article 2577 of the Law No. 27."
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