06 Jun Petition For The Cancellation Of Expropriation
… TO THE PRESIDENT OF THE ADMINISTRATIVE COURT;
PLAINTIFF :
TC IDENTIFICATION NUMBER :
ADDRESS :
Deputy :
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
Subject: … province, … district, … District,…. die, …. the island consists of a request for compensation for damage caused by the inability to use the real estate during the expropriation process with the cancellation of the decision of the Municipality-Council …/…/… Day, … numbered … on the expropriation of real estate numbered parcels.
DATE OF COMMUNIQUE : …/…/…
INSTRUCTIONS :
1 -) … Province, … District, … District,…. plot, … name, … immovable parcel No. (Appendix 1) for the municipal encumeni when …/…/… public interest in the history of the decision (Annex-2) received …/…/… and …/…/… in the days maliki have been invited to negotiate the client’s record, when he didn’t respond to our client’s invitation encumeni of Municipal… … / … / … blog, … numbered expropriation decision (Annex-3) afterwards, the determination of the price of the immovable and the defendant in court and the petition was filed on behalf of the administration for registration and the annexes (Annex-4) …/…/… in history has been communicated to our client.
2 -) as of the immovable place subject to the lawsuit … it remains within the limits of the authority of the Metropolitan Municipality. … The protocol (Annex-5) between the Metropolitan Municipality and the defendant … Municipality, which includes the transfer of authority to the defendant municipality, also lacks legal basis. For this reason, the expropriation process carried out by the defendant … Municipality is illegal from the point of view of the element of authority.
3 -) on the other hand, during the execution of the expropriation process by the municipality, our client was unable to use the real estate, resulting from the inability to use it….. TL has been damaged.
4 -) for the reasons described, it is necessary to apply to your court to decide on compensation for damages in TL ….arising from the cancellation of the expropriation process in question and the inability to use the real estate.
Legal reasons: 2709 P. K. m. 46; 2942 S. K. m. 14; 2577 S. K. m. 3,
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LEGAL EVIDENCE :
1 -) … province, … district, … District, … pafta, … island, … parcel numbered real estate title registration
2- ) … Municipal Council …/…/… Day, … numbered expropriation decision,
3 -) a decision of the public interest in the history of the Municipal Council …/…/… ,
4 -) … petition and attachments filed in the Court of First Instance,
5 -) … protocol between the Metropolitan Municipality and the defendant … Municipality containing the transfer of authority to the defendant municipality,
6 -) Discovery and expert examination.
Conclusion and request: for the reasons explained above, … Province, … District, … District, … pafta, … island, … parcel number on the expropriation of real estate …/…/… day, … numbered municipal council decision to cancel ve….TL we ask your court to decide whether to burden the costs of the trial to the defendant (to be increased according to the amount determined after discovery and expert examination) in compensation for the damages. …/…/…
ECLAIR:
1 -) … Province, … District, … District,…. pafta, … island, … parcel-numbered real estate registration
2- ) … Municipal Council …/…/… Day, … numbered expropriation decision,
3 -) a decision of the public interest in the history of the Municipal Council …/…/… ,
4 -) … petition and attachments filed in the Court of First Instance,
5 -) … protocol between the Metropolitan Municipality and the defendant … Municipality containing the transfer of authority to the defendant municipality,
6 -) one sample of approved power of attorney.
Acting Plaintiff
Lawyer
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