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With the extension of the D-100 motorway in 1991 and the construction of a double road, the field belonging to Ö.Y. in the village of Vakıfgeçitveren it was also within the area where the road passed. Ö.Y. He continued to pay property tax on his land that crosses the D-100 highway for years. Ö.Y. filed a lawsuit against the Directorate General of Roads in 2007, demanding the removal of the asphalt avoiding intervention. At the end of the file filed in the 1st Civil Court of First Instance, the Court of Cassation considered the land owner’s claim justified on April 18, 2018 and ruled that the asphalt be removed, preventing the intervention. On January 17, 2020, the request for the removal of asphalt was sent to the Execution Court of Bolu, prohibiting the intervention.
‘PRIVATE PROPERTY’ SIGN TO D-100 ROAD ASTI
Cihan Yavuz, Ö’s lawyer. hung up the sign on which it was written. On the poster with the decision, ‘It is private property. Asphalt will be removed ‘text appeared. After Yavuz hung up the sign, the gendarmerie teams arrived at the scene and made observations. Yavuz explained the legal process by showing the court decisions to the gendarmerie teams.
Stating that they won the 13-year legal fight, Cihan Yavuz said: “In 2007, we had a lawsuit filed in the Civil Court of First Instance of Bolu 1. We won a 13-year legal fight. The lawsuit we won was the lawsuit of prevention of asphalt intervention and removal. The Supreme Court made this decision final and ratified. The decision became final in 2018. When it was implemented in 2019, the Roads remained inactive until that time and did not initiate any expropriation process He did not give us another chance as a co-creditor. We have made our applications and will remove the asphalt on weekdays after road safety is achieved. “The part of the D-100 road heading to Ankara will be closed to transport.”
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According to the court decision, the D-100 road is closed to Ankara and the asphalt is expected to be removed in the coming days following the response from the roads.
