Turkey's most valuable land is back in court
In the case concerning a 2.4 million square meter plot of land in Antalya, which now has a value exceeding 6 billion dollars, a rejection decision regarding an application by another person claiming to be an heir has been moved to the Regional Court of Justice, following the appellate court's decision to lift an injunction.
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The legal process concerning a 2.4 million square meter area in Antalya, which encompasses the Meltem and Bahçelievler neighborhoods as well as the Konyaaltı Beach Park and contains public buildings, luxury hotels, sports facilities, and approximately 10,000 residences, has returned to the judicial agenda.
DECISION MADE IN 2006, BUT THE FILE REMAINS OPEN
The Antalya 1st Civil Court of Peace ruled in 2006 that Arap Süleyman, Hacı Bekirzade Mehmet Ağa, and the Treasury were the primary shareholders of the area in question. Despite the finalization of the decision, the file could not be closed due to new claims of heirship that emerged after this date and the injunctions issued.
Most recently, an injunction issued by the Antalya Cadastral Court in 2024 regarding Ayşe, who is claimed to be the daughter of Arap Süleyman, was lifted by the 8th Civil Chamber of the Regional Court of Justice (BAM) for the heirs of Hacı Bekirzade following an objection.
A new injunction request filed by another person claiming to be an heir of Hacı Bekirzade was rejected by the Antalya Cadastral Court. Following an objection to the rejection decision, the file was sent back to the Regional Court of Justice.
At the hearing on December 17, the Antalya Cadastral Court could not make a decision because the file regarding the objection was at the Regional Court of Justice.
WHAT IS IN THIS MASSIVE AREA?
The 2.4 million square meter area subject to the lawsuit contains the following structures:
Tourism Application Hotel, Antalya Training and Research Hospital, Falez and Rixos hotels, Glass Pyramid Park, Atatürk Culture Park, Glass Pyramid Fair and Congress Center, Antalya Tennis Specialized Club, a gas station, Antalyaspor Facilities, Corendon Stadium, Antalya Courthouse, sports halls, Meltem Marketplace, Land Registry Regional Directorate, mosques, schools, parks, parking lots, cooperatives, and approximately 10,000 residences.
Necati Yılmaz, the lawyer for some of the heirs of Hacı Bekirzade Mehmet Ağa and Arap Süleyman, stated that the legal process began in 1958. Yılmaz said that the decision was made during the cadastral survey based on an 1847 title deed, and that the decision rendered in 2004 was finalized in 2006.
He stated that the one-third share registered in the name of Bakırcı Yorgi was registered in the name of the Treasury because no heirs could be found, while the other shares were registered in the names of the heirs of Hacı Bekirzade and Arap Süleyman.
Lawyer Yılmaz explained that expropriations were carried out as the city grew starting from 1964, but that payments were not made because the lawsuits were ongoing. He stated that as a result of the expropriations, the majority of the title deeds were transferred to the administrations, and the municipalities sold these lands to cooperatives.
ONLY 20 DECARES REMAIN UNTOUCHED
According to the information provided by Yılmaz, there is still an area of approximately 600,000 square meters registered in the names of individuals. Within this area, a section of approximately 20 decares that the administration has never touched consists of 30 parcels around the Meltem Marketplace. One-third of these parcels belong to the Treasury, one-third to the heirs of Hacı Bekirzade, and one-third to the heirs of Arap Süleyman.
RETRIAL CASE
Explaining that a new lawsuit was filed in 2009 regarding the heirs of Arap Süleyman following the registration decision in 2006, Yılmaz said that the decision rendered in this case was overturned by the Court of Cassation due to procedural deficiencies.
He stated that while this process was ongoing, a retrial was requested from the Cadastral Court and an injunction was placed on all the immovable properties.
INJUNCTION LIFTED BY APPELLATE COURT
Stating that the injunction on the Treasury's shares was lifted in 2015, Yılmaz noted that the injunction on the heirs of Hacı Bekirzade was lifted by the 8th Civil Chamber of the Regional Court of Justice on the grounds that they were not parties to the case.
“NEW INJUNCTION REQUEST FROM A NON-PARTY”
Stating that other individuals claiming to be heirs of Hacı Bekirzade requested a new injunction in October, Yılmaz said that this application was rejected by the Cadastral Court and the file was sent back to the Regional Court of Justice upon objection.