Page 231 - Çevre Şehir İklim İngilizce - Sayı 4

Sezayi Köse - Zeynep Ayan - Ebru Vural
Kübra Özcivan - Yeşim Koçdemir

In order to find a solution as a result of the urban transformation process
turning into such situation, Fikirtepe was declared as a “High Risk Area” on
31.05.2013 in accordance with the Law No. 6306, and the planning works were
started under the authority and responsibility of the Ministry, negotiations
were held to solve problems regarding the reconciliation with the beneficiaries
in the project blocks. After launching the processes under the Law No. 6306,
in the project blocks which were agreed with a 2/3 majority, the shares of the
beneficiaries in such blocks with whom an agreement was failed to reach were
started to be transfered (Article 6 of Law No. 6306, provisions of Articles 15 and
15/A of Implementing Regulations) and attempts were made to contribute to
the progress of the urban transformation process.
However, from 2013 to 2021, “stay of execution and cancellation” decisions
were made by the courts upon the numerous lawsuits against various parcels
as well as works and processes carried out within the scope of the law, share
sale transactions and zoning plans in the project blocks, which were agreed
with a 2/3 majority in the area designated as a High Risk Area under the Law
No. 6306. Therefore, while the Ministry showed efforts to create solutions to
the problems in accordance with the law, the urban transformation process
was obstructed and stuck as a result of lawsuits filed on grounds of insufficient
contract terms between beneficiaries and the private sector or excessive
demands of beneficiaries.
It was witnessed that the urban transformation process failed to be
completed in the project areas due to the fact that the above mentioned
situation is faced in the project blocks where an agreement could not be
reached with the beneficiaries, while at the same time, share transfer process
was failed although a reconciliation was reached with a 2/3 majority; on the
other hand, there are the contracting companies which had not started or did
not continue the construction even if it had started before, despite having
reached an agreement and obtained the construction permit, and which did
not pay the rent allowance to the beneficiaries, and the ones which declared
bankruptcy before the completion or launching of the construction.
In order to eliminate the unjust treatment experienced by the beneficiaries
due to the risk of subsidence of ground and unexpected collapse of excavated
pits, shoring elements and abandoned structures that were left behind as a
result of the above mentioned situation, the Ministry decided to conduct
directly the urban transformation activities in 2021 within the borders of the
area defined as 1st Phase in the zoning plan.
As of 2021, urban transformation activities in the project blocks within the
borders of 1st Phase were undertaken by the Ministry following the decision
to implement 6/A provision of the Law No. 6306. Within this scope, high risk

220 The Journal of Environment, Urban and Climate