T.C SUPREME COURT 20.Legal Department, Base No: 2017/ 8118 Decision: 2020 / 630 Decision Date: 11.02.2020
THE DECISION OF THE SUPREME COURT
COURT : Cadastral Court
The Supreme Court’s examination of the provision established at the end of the hearing of the case between the parties was requested by the plaintiff dec Management, the main respondent Treasury and the defendant … after the decision was made to accept the appeals that are understood to be in the process, the file was examined, the need was considered:
During the cadastral … the village is immovable with plots numbered 121, 138 and 121, 114, with an area of 1373.05 m2 and 21,925.35 m2, respectively, and field qualifications of plots numbered 121, 138 and 121, respectively
the statute of limitations has been established on behalf of the internal defendant… based on its existence.
… The plaintiff Management; Crested with the provisions of Law No. 3402 different in the village 5304 made in accordance with ref part has been brought up to forest cadastre however, if they are shown in the petition, and for measurement and not limitation, the name, and parcel numbers of the forest areas that are not in the places mentioned, are excluded from the boundaries of the forest, noting that the boundaries of the forest and the forest of this area to be enclosed in a registration request with the Treasury on behalf of the Treasury by the nature of the legal personality of the village and has filed a lawsuit, directing animosity.
During subsequent culture of the land in the cadastre of immovable edited and finalized the Proceedings of the detection of the subject matter of the case, the court decision about the allocation given name 21925,35 No. 114 121 and 138 m2 and M2 surface area, respectively parcel 1373,05 in the field of litigation on behalf of the defendant identified from internal and other immovable property belonging to the subject parcel senetsiz Cadastral proceedings were brought in relation to these places due to the opening of the case the partial ref in time it was made the defendant and the defendant stated that they are original to the case file 2008/24 E. in the numbered file, the identified owners were made an internal defendant and a party organization was provided, and the number of identified owners was decided to review the file, and the trial was continued by registering on a new basis, the Treasury joined the case claiming that the real estate was from rocky rocky places.
As a result of the trial conducted 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 Island 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 judgment was appealed by the plaintiff … Administration to section (B) of parcel 121 ada 138 and by the intervening Treasury to section (A) of parcel 121 ada 114 and parcel 121 ada 138.
As a result of the appellate review, our Department received the 2016/6236 E. – 2016/11596 K. in his decision No. 1; “Provisional Article 1 of the Law No. 6360. in accordance with the thirteenth paragraph of the article, the mayor’s office of the district to which the respondent village is affiliated, the relevant metropolitan mayor’s office and the Treasury are provided with their participation in the case and the need to create a party organization”was touched upon. As a result of the trial conducted by providing a party organization in accordance with the decision to disrupt; 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 Island 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 with the letter shown 495,05 m2 in terms of the case involved denial of the cause of the adoption of this section, the nature of the raw soil of forest management on behalf of the Treasury and the registration, In favor of the Forest Management and the Treasury of Finance, it was decided that there was no room for a proxy fee discretion, the decision was appealed by the plaintiff … Administration to section (B) of parcel 121 ada 138 and to the merits, … to the merits, by the Treasury of the principal respondent in respect of parcel 121 ada 114 and parcel (A) of parcel 121 ada 138.
The case concerns an appeal against cadastral determination.
4 of the Law No. 3402 on forest cadastre at the place of disputed real estate. it was made in accordance with the provision of the article, it was announced and finalized between 06/08/2008 and 05/09/2008, and the disputed parcel was decommissioned outside 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, Article 33 of Law No. 7139 entered into force on 28.04.2018. 02/07/1964 forest management with the item, according to the law on fees No. 492 dated from the fees received, organized within the scope of the duties specified in this law, stamp duty and Land Registry and cadastre papers due shall be exempt from capital arising from the operation of the service fee, in accordance with the forest management due to its lawsuit against the provision to the charges to be dominated, incorrect, whether these issues are re-made in the trial have been approved by the provision because it does not require that it be corrected.
For this reason; 4 of the first instance court’s decision on tuition. 4-The plaintiff’s management is exempt from the fee, so there is no room to receive the fee“ by removing the provision from the provision and correcting the provision by writing the sentence ”Temporary 3 of Law No. 6100. according to Article 438/7 of the HUMK. it was unanimously decided on 11/02/2020 to approve it in this form, adjusted in accordance with the article, and to return the appeal fee on request