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New Batman Airport Land Dispute

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  • New Batman Airport Land Dispute

    NEW BATMAN AIRPORT LAND DISPUTE

    Uygar Gultekin 02.19.2015 10:05

    Following the land dispute involving the plot on which Diyarbakır
    Airport today stands, the land plot on which Batman Airport stands
    has also become the subject of a lawsuit. Zuart Sudjian has filed a
    case claiming that the State had built an airport on the plot she
    had inherited. Sudjian's land in nearby Diyarbakır had also been
    appropriated by the State, and the Diyarbakır Airport was built on
    a part of her plot.

    Zuart Sudjian is an Armenian whose family roots go back to Diyarbakır.

    Sudjian is a member of the Basmacıyan family from Diyarbakır, and
    she lives in Diyarbakır today. Sudjian found out that the land she
    had inherited from her family had been appropriated by the State during
    cadastral work, upon which she launched a legal process and applied to
    court for the return of her land. According to her application, like
    in Diyarbakır, an airport had been built on Sudjian's land in Batman.

    The Batman 2nd Court of First Instance accepted her application and
    opened a lawsuit.

    Villagers claim rejected because it belonged to 'disappeared' Armenians

    The story of the land is also interesting. According to the case file,
    after the family left Turkey, the land was used by villagers for many
    years. The cadastral survey in question was carried out in 1960.

    However, during the cadastral work, the villagers claimed that the
    use rights of the land belonged to them, and filed a lawsuit for the
    land to be given to them. In 1963, the Batman Cadastral Court rejected
    the application of the villagers. In its reasoned decision, the court
    stated that the land plot in question had been transferred to the
    Treasury from Armenians who had 'disappeared' 40 years ago and belonged
    to the Treasury since then, and that the villagers who had filed the
    lawsuit had no rights over the land, and rejected their case. This
    is the most important official document on the ownership of the land.

    Court accepts case

    Sudjian's lawyers presented the 1963 decision of the Cadastral Court
    as evidence in the new case. The lawyers stated that the registration
    carried out by the Treasury was "irregular" and demanded the annulment
    of the registration, and the payment of compensation.

    The lawyers also pointed out to the fact that in the other case
    involving the Diyarbakır Airport land, the prior decision of the
    court to reject the case on the basis of the expiry of the 10-year
    period involving the loss of rights had been annulled by the Court
    of Cassation and demanded the acceptance of the file. The court thus
    accepted the file and launched the case. The court will begin survey
    work following the examination of the cadastral records of the land
    plot and the land deeds presented by the lawyers.

    http://www.agos.com.tr/en/article/10632/new-batman-airport-land-dispute

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