Page 235 - Çevre Şehir İklim İngilizce - Sayı 4

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

In these lawsuits, on the grounds of protection of the property rights of
the beneficiaries, the relevant Administrative Courts decided on “stay of
execution” and on stopping the operations until defence statement of the
executive institutions were received, and subsequently, it was decided to
“dismiss the case” as a result of the clarification of the matter in dispute by the
relevant institutions and organizations and the absence of illegality in all cases.
Due to the prolongation of administrative judicial processes and stopping of
the operations during this process, the works on-site were delayed; therefore,
rent allowance was provided for longer than planned for the beneficiaries who
evacuated their houses and make ready for demolition at the beginning of
the project, as well as the construction costs were increased, which all end up
with public loss.
In the technical report prepared by the university to evaluate the current
building stock in the site at the time of ongoing reconciliation process in
the high risk area, and evacuation of houses by the agreed beneficiaries
and demolition works, and to determine the risks that may occur in terms of
material resistance since the buildings are illegal and unlicensed buildings
constructed in contrary to the required earthquake regulations, it was decided
to conduct the works in the mentioned site in accordance with article 6/A of
Law No. 6306 as a result of the evaluation that these buildings are as risky as
they are about to collapse. In this process, a number of beneficiaries applied
to the court for the operations to be carried out within the scope of Article 6
/A of the Law, some of the cases were dismissed on the grounds that there
was no opposition to law and some of them are ongoing.
As of today, the construction of 551 houses has been completed and
delivered to the beneficiaries, and 2620 houses are under construction.

4.3. Yahya Kemal Neighbourhood of Kağıthane District Urban Transformation
Project
In the Yahya Kemal Neighborhood of Kağıthane District in İstanbul, the
retaining wall and the structure on the adjacent parcel collapsed after the
bursting of water mains pipe in 2019, and other buildings in the area also
encountered with the risk of collapse. A serious material damage occurred in
this incident, fortunately without any loss of lives.
After the incident, an area of 3.39 hectares with 2523 beneficiaries of 134
buildings, including the structures that were damaged or likely to be damaged
was declared as a high risk area by the Presidential Decision in 2019, and as a
result of on-site detection, it was decided to conduct the applications in the
area in accordance with Article 6 / A of Law No. 6306.

224 The Journal of Environment, Urban and Climate