TO THE PRESIDENCY OF THE COUNCIL OF STATE
FOR SUBMISSION
…. TO THE PRESIDENCY OF THE ADMINISTRATIVE COURT
ESAS NO : ….
DECISION NO …..
APPELLANT (PLAINTIFF) : ……….
PROXY : ……..
OPPOSING PARTY (DEFENDANT) : ……. Municipality – ……
SUBJECT : ……… It is related to the request for the reversal of the decision of the Administrative Court dated ………. with the above written decision and decision number, as it is contrary to the procedure and the law.
GROUNDS OF APPEAL
……….. Although we fully agree with the decision of the Administrative Court regarding the “annulment of the determination regarding the balcony adjacent to the living room on the street front …….”, we think that the assessment made in the decision of the local court regarding the rejection of the case regarding the determination regarding the balcony adjacent to the bedroom on the north-east front is unfair. Namely,
1-) In accordance with the relevant decision of the ……… Municipality Zoning Directorate about my client ………., about whom an administrative decision has been made by the Municipality, according to the content of the report kept on the basis of Articles 32 and 42 of the Law No. 3194, it has been decided by administrative action to seal and stop it in accordance with Article 32 of the Zoning Law No. 3194, stating that “in violation of the project attached to the license; It was determined that 2 room balconies were closed with joinery glass”.
However, both in the residence where my client lives and in almost all buildings in Izmir, such add-ons are made, and within this framework, my client has made glass joinery in order to live in a safe, healthy and hygienic environment, without violating the zoning project.
2-) The manufacturing does not affect the load-bearing elements of the building. With the current renovation, there is no increase in the total area of the independent section.
Since this modification is in the nature of simple repair and modification, it is not subject to a license and does not contradict the Zoning Law. The client has not made any demolition between the balcony and the wall, and no physical change has been made.
3-) Moreover, my client was acquitted of the criminal case filed against him and we believe that his action should be evaluated within this framework.
4-) Fulfilling the matter subject to the request of the administration will cause my client to be victimized. In addition, the municipality’s taking action against my client only because of the notice, without taking action against any residence outside the surrounding area where my client lives, is against the principles of equality and is not a fair practice.
5-) Moreover, the duly made addition on the balconies of the house where my client lived has started to live as it was before he bought the house in question and this addition was made with the approval of all other floor owners in line with the reasons we have explained above.
CONCLUSION-REQUEST : For the reasons explained, I request that in the case numbered (………) Esas (…….) Decision of the ……… Administrative Court, the decision of the honorable court on the “partial rejection” of the case be reversed and the judicial expenses and attorney fees be charged to the defendant administration.
COUNSEL FOR THE PLAINTIFF
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