Mall crisis on the highway: Ministry grants permission despite the law! Why was Gaziosmanpaşa Mayor Bahçetepe arrested?

CHP Chairman Özgür Özel raised a striking allegation during his party's group meeting on June 3, 2025. Özel stated that a request was made to the Istanbul Metropolitan Municipality to build a shopping mall at 76 fuel stations located on the Istanbul TEM highway owned by Aziz İhsan Aktaş, but that this request was rejected.

Özel then claimed that a legislative amendment passed in the middle of the night in the Turkish Grand National Assembly (TBMM) in December transferred the authority for zoning plans regarding fuel stations to the Ministry of Environment, Urbanization and Climate Change, suggesting that this was intended to facilitate Aktaş's zoning request.

MINISTRY: "THE ALLEGATIONS ARE COMPLETELY UNTRUE"

Responding to the allegations, the Ministry of Environment, Urbanization and Climate Change described Özel's statements as "completely untrue." The Ministry stated that it has held the authority to create zoning plans for fuel stations since 2011, and that following a Constitutional Court cancellation decision, this authority was added to the Zoning Law by the TBMM.

The Ministry's written statement included the following expressions:

"The allegations regarding fuel stations brought up by CHP Chairman Mr. Özgür Özel at the group meeting are completely untrue. Our Ministry of Environment, Urbanization and Climate Change has had the authority to plan fuel stations since 2011 by Presidential Decree. However, the Constitutional Court issued a cancellation decision on the grounds that this authority, along with many other authorities concerning our Ministry, should be regulated by law rather than by decree. For this reason, the powers in question were approved by the TBMM and added to the Zoning Law. In short; the situation consists of the approval of powers that already existed in the past by our Supreme Assembly and their transformation into law. There is no new regulation here. Therefore, there is no such thing as a personalized application as alleged."

The Ministry also reminded that the basis for the authority in question is Additional Article 11, which was added to the Zoning Law No. 3194 by Article 9 of Law No. 7534, published in the Official Gazette dated December 12, 2024. According to this article, the Ministry is authorized to ex officio create, approve, and license zoning plans in areas such as public investments, military zones, and energy and telecommunications facilities.

THE MALL CONTROVERSY IN GAZİOSMANPAŞA

However, contrary to the Ministry's statement, it is noteworthy that the facility built in Gaziosmanpaşa is not just a fuel and service station, but also includes a shopping mall construction. The station receives a direct connection from the TEM highway and is located within the highway boundaries.

This is where the 'Law on Highways with Access Control (Law No. 1593)', which was adopted on 06/06/1972 and published in the Official Gazette on 11/06/1972, comes into play.

Article 8 of the law clearly states:

"It is prohibited to establish and operate commercial facilities, engage in any kind of commercial activity, or engage in similar activities other than those related to the road and travel, such as repair shops, gas stations, restaurants, and motels, which are to be established with the permission of the General Directorate of Highways within the area reserved or expropriated for the access-controlled highway."

Under this article, the establishment of a shopping mall within highway boundaries is strictly prohibited.

THE LICENSING PROBLEM AND THE ISLAND/PARCEL DEBATE

Another problematic aspect of the construction in Gaziosmanpaşa is the lack of an island/parcel number. Under normal conditions, construction permits and occupancy permits are issued based on the island/parcel number. However, for rest facilities on highway routes, the license is based on the contract signed between the General Directorate of Highways and the investor. In these contracts, the project kilometer is specified instead of the island/parcel number.

It is also observed that the parcels at the fuel station in the Nakkaş location of the Northern Marmara Highway are still active in the land registry. This indicates that the expropriation procedures have not been completed or that the lands have not been transferred to the road. Therefore, it is understood that the licensing process is on legally controversial ground.

A SIMILAR EXAMPLE IN BOLU

Another dimension of the issue concerns the Bolu Municipality. On the Istanbul–Ankara highway, in the Elmalık location, just after the exit of the Bolu Tunnel, there are service stations on both sides of the road. On the site in the direction of Ankara, a shopping mall is in operation. However, just like the construction in Gaziosmanpaşa, this facility is also within the scope of prohibited activities according to Article 8 of Law No. 1593. The construction of this shopping mall in the Elmalık location of the Istanbul–Ankara highway in violation of the Law on Highways with Access Control could set the stage for efforts to impose responsibility on the relevant Municipality in an event similar to the "Kartalkaya" incident that could occur here. Although the construction permit, occupancy permit, etc., responsibilities for the facility in Bolu Kartalkaya were not with the Bolu Municipality, the attempt to impose these responsibilities on the Municipality is a sign of this possibility. Even though the Kartalkaya tourism region is outside the jurisdiction of the Bolu Municipality, the fact that municipal personnel were arrested and are still being tried due to this facility could lead to a similar situation in the event of a negative incident at this shopping mall.

MAYOR BAHÇETEPE ARRESTED

It is known that Gaziosmanpaşa Mayor Hakan Bahçetepe was arrested for a similar reason. Bahçetepe was detained and suspended from duty for refusing to approve an activity that was not permitted by law.

News Source: 12punto