17 Apr Court Decision On Cancellation Of Cadastral Determination
T.C SUPREME COURT 20.Legal Department Basis: 2017 / 8118 Decision: 2020 / 630 Decision Date: 11.02.2020
SUPREME COURT DECISION
Court :Cadastral Court
At the end of the hearing of the case between the parties, the decision of the Supreme Court to review the provision established by the plaintiff … Management , the main intervening Treasury and the defendant … was requested, after the decision was made to accept the appeal petitions, which were understood to be in duration, the file was reviewed, considered necessary:
Decision
During the cadastre … the village 121 island 138 and 121 island 114 parcels, respectively 1373.05 m2 and 21.925,35 m2 area and field characteristics and immovable statute of limitations were determined on behalf of the internal defendant … based on ownership.
Plaintiff … Management; Tepeli village 5304 with the provisions of the Law No. 3402 in accordance with the provisions of the forest cadastre was removed from the partial announcement, however, the application of the lawsuit and measurement and limitation of the island and parcel numbers are not considered places, although the forest is left out of the borders, these areas should be included in the forest boundaries and the nature of the forest on behalf of the Treasury with the request to register the Treasury and the village legal entity has filed a lawsuit.
Later, during the cadastre of cultural lands, the determination minutes of the real estate subject to the lawsuit were edited and finalized, the court decided to separate it, 121 blocks 114 and 138 parcels numbered 21925.35 m2 and 1373.05 m2 area respectively, as an internal defendant … on behalf of the real estate and other parcels subject to the lawsuit, they were brought to the defendant, stating that they were the defendant due to the partial filing of the lawsuit in relation to these places, 2008/24, which is the main case file. in the numbered file, the owners of the determination were made internal defendant and the party was established and the determination was decided on the details of the file by the number of maliki, the trial was continued to be recorded on the new basis, the Treasury participated in the case claiming that the real estate was stony rocky places.
As a result of the trial by the court; Forest management and County, village No. 114 121 crested the case of cadastral parcels in the parcel name with the acceptance of the immovable with the revocation of the determination of the nature of the forest and the Treasury in the name of the registry and the land registration, the science of blocks Expert Witness report 138 121 Parcel (A) shown with the case of forest management in terms of the portion of the letter with the acceptance of the part of the forest 878 M2 on behalf of the treasury of the role of the registration, (B) the Department of the Treasury M2 495,05 involved with the letter shown in terms of the cause upon the adoption of forest management in the case of the denial of this section, the nature of the raw soil and registration on behalf of the Treasury made a decision, the provision has been appealed by the plaintiff … administration to Section 121 of parcel 138 (B), and by the intervening Treasury to Section 121 of parcel 114 and 121 of parcel 138 (a).
As a result of the appeal review, our department 2016/6236 E. – 2016/11596 K. in summary in the decision numbered; ” Provisional 1 of the law numbered 6360. in accordance with the thirteenth paragraph of the article, the municipality of the district to which the defendant village is connected, the relevant Metropolitan Municipality and the Treasury participate in the case and create a party organization”. As a result of the trial, which was conducted by providing a party in accordance with the violation notice; Forest Management … District, Tepeli village 121 island 114 with the acceptance of the case related to the parcel Cadastral tesbitinin cancellation of the real estate on behalf of the Treasury with the nature of the forest registration and registration, 121 blocks 138 parcel with the letter (A) with the acceptance of the case of the Forest Management in terms of the section indicated by the letter 878 m2 with the acceptance of the case of the forest management, (B) with the letter 495,05 m2 registration in the name of the Treasury, In favor of forest management and the Treasury of finance, it was decided that there was no place for the discretion of the power of attorney, the provision was appealed by the plaintiff … management to Section 121 blocks138 (B) and the basis, … by the basis, and by the main intervening Treasury to Section 121 blocks 114 and 121 blocks 138 (a).
The case relates to an appeal to the cadastral determination.
Forest cadastre 3402 Law No. 4. it was made according to the provision of the article, announced between 06/08/2008-05/09/2008 and finalized and the contentious parcel was left out of the forest area.
File scope, any decision by the court in accordance to the formation of the party by providing the map based on aerial photographs and land outdated forestry expert by experts to review and research the method as No. 121 in the immovable island parcel contentious made in accordance with 138 (B) of the section marked with the letter 495,05 M2, which are the places not the forest as it is understood that the qualities of the raw soil and registration on behalf of the Treasury in establishing a provision in the format there are no misses. However, after the date of the decision, the 33 of the law No. 7139, which entered into force on 28.04.2018. article and Forest Management 02/07/1964 dated and 492 No.of fees received in accordance with the law on fees, stamp duty due to papers organized within the scope of the duties specified in this law and Land Registry and cadastre transactions arising from revolving capital service fees are exempt, in accordance with the provision of the forest management due to the lawsuit against the fees,
For this reason, the provision of the court of First Instance on fees 4. “4-plaintiff … since the administration is exempt from fees, there is no place to receive fees “by writing the sentence and the provision is temporary 3 of law 6100. article 438/7 of the Code of Civil Procedure. it was decided unanimously on 11/02/2020 that it be upheld in this form, adjusted according to the article, and that the appeal fee be returned on request.
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