Page 118 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

was no compliance with laws in the withdrawal of the proceeding on the
lateral transfer of the plaintiff without any justification provided by the
administration after the student succeeded in all the courses required by
the programme in question in the first year.
Case 2: In the Decision of the Ombudsman Institution no:2019/1007 dated
14/06/2019, the applicant stated that his/her entire land was reserved as
“Municipal Services Zone” as per the zoning plan prepared before 2000,
that the applicant raised objections to the Metropolitan Municipality and
District Municipality, that there had been no expropriation activity on
the land for 20 years and his/her right of property was restricted by the
administration; and requested the removal of zoning restriction on the
immovable property in question or payment for the current fair value of
the expropriation price through reconciliation if possible.
As a result of the examination, it was stated that the restriction of the right
of disposition through expropriation plan of the immovable properties
based on the zoning programmes along with the loss of sales values of
the immovable properties and not launching any activity for expropriation
caused individuals to feel uncertain about the final situation of their
lands and caused the violation of their right of property, the relevant
administrations were recommended to remove the restriction resulting
from the zoning plan involving the immovable property or to pay the
expropriation price in a reasonable time period or replacing the land with
some other in a reasonable time frame.
Case 3: In the Decision of the Ombudsman Institution on the application
numbered 2016/3096 on 24/01/2017, the applicant requested recording
and registration of the land, which was transferred to the Metropolitan
Municipality under New Mamak Urban Transformation and Development
Project and which the applicant is the shareholder of, as it was during the
time when it was decided to be registered in the name of administration
through a decision of violation of title deed; if not possible, identification
and later payment of the fair value of the immovable property to the
applicant along with its legal interest starting from the delivery date.
As a result of the examination conducted by the Ombudsman Institution,
it was evaluated that if a deadline for fulfilment of execution was not set,
judging from the time passed according to the claims of the applicant, the
reasonable period was already surpassed by far; however, the reasonable
time limit should be determined depending on the characteristics of each
case and considering the specific conditions thereof and it was not likely
to determine a fixed time limit; and that taking into account miscellaneous
factors affecting the duration of projects, there could be no mention of
unreasonable delay in this case.

117