The condition of “do not prosecute” in the construction of anti-seismic housing of the municipality of Elazig

WALL – The municipality, which undertook the construction of 1200 houses destroyed during the 6.8 magnitude earthquake in Elazig in 2020, has contracted with the beneficiaries not to sue for the demolished houses and to give up previous lawsuits. İbrahim Yılmaz, the lawyer for the victims of the earthquake, said that the citizens signed the contract in order to be able to return home as soon as possible; however, he said the latest item added has claimed earthquake victims for the second time. Elazig Municipality’s Urban Transformation Project Manager, Lütfi Oğuz, said, “It’s a common practice. The shares of those who don’t sign will be expropriated.”

Many owners whose houses were destroyed during the earthquake in Elazig filed lawsuits for material and moral damages against the Municipality of Elazig, the Ministry of Environment and Urbanism and the Presidency of the Management of Disasters and Emergencies (AFAD), alleging that they were responsible for the destruction of their homes. The 1st Administrative Court of Elazig, which decided on the case filed by Earthquakezede AH, took into account the expert report, concluding that the municipality was 20% defective, 19,000,917 lira, the Ministry of Environment and Urbanization noting 3% defects, 2,000,987 liras, AFAD’ and decided to pay the claimant a total of 24,896 liras in material compensation, of which 1,991 liras were found. The court also decided to accept the 2,000 lira part of the moral damages case of 20,000 lira and ordered that each of the 3 institutions pay this amount to the plaintiff in proportion to his faults. Similar decisions have been made in many cases that have been concluded.


In order to heal the wounds of the earthquake, the municipality of Elazig undertook the construction of an area of ​​about 1200 dwellings in the district of Abdullah Pasa, in accordance with the “law on the transformation of disaster risk areas “. While the residences in the area undertaken by the Ministry of Environment and Urban Planning were completed in a short time, the construction of the residences in the area undertaken by the municipality did not start even after about 2 years. While the municipality fixed the money to be collected from the beneficiaries for the construction of the houses at 180,000 lire, it facilitated the payment in installments. The article, which would have been added to the contract signed by about 300 citizens so far, says: “I undertake not to file any material and moral compensation for earthquake or similar lawsuits concerning my residence on the island in issue, and that I unconditionally waive any lawsuits I have filed”.


İbrahim Yılmaz, the lawyer for some earthquake victims, said that the citizens signed the contract in order to return home as soon as possible; however, he said the latest item added has claimed earthquake victims for the second time. Stating that right holders waive their acquired rights with this contract, all institutions will have to bear attorney fees and court costs, Attorney Yılmaz said, “In the lawsuits filed, the court awarded a large part of the fault to the municipality of Elazig and decided to pay a significant compensation. “He sat down at the table with the citizens and concluded a contract. However, with a clause in the contract, the citizens were asked not to sue and to drop the lawsuits. Those who were desperately waiting for their homes to builders started to sign this contract, however, most citizens are not even aware of what they are signing.


Elazig Municipality Urban Transformation Project Manager Lütfi Oğuz said that 2/3 of the rights holders signed the contracts they prepared for the area of ​​around 1,200 residences in Abdullah Paşa Mahallesi, “We have launched a tender for 2 plots. We have started the construction of the 2 islands which won the tender. The tender for the remaining 2 islands is expected next week. will do,” he said. Regarding the contract clause regarding the ‘withdraw from lawsuit’ clause in the contract, Oğuz said, “It is a common practice. It means, ‘I will build your houses. I will subsidize the bid price out of my own pocket. And don’t make me deal with these lawsuits.” As a municipality, we say “if you file a complaint, do not sign it”. Those who do not give up on the deal will not be able to sign the contract. We got a 2/3 majority. The majority will say. The shares of those who do not sign will be expropriated. (ADH)

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