Communicated on 18 September 2018

SECOND SECTION

Application no. 62917/12 Fatma GENÇ and O thers against Turkey lodged on 26 July 2012

SUBJECT MATTER OF THE CASE

The application concerns the alleged de facto expropriation of part of the applicants ’ plot of land in Diyarbakır.

In 2000 the Diyarbakır Municipality started using the applicants ’ plot with a view to constructing a road without having expropriated it. In 2008, during the course of the proceedings brought by the applicants for compensation, the Municipality issued a decision, deducting the part used as road from the applicant ’ s land as “contribution to planning costs” ( d ü zenleme ortakl ı k pay ı ), pursuant to Section 18 of the Zoning Law. The applicants ’ case was eventually dismissed by the domestic court, which relied on that deduction and found that the situation could not be considered as de facto expropriation.

The applicants complain of a violation of their rights under Article 1 of Protocol No. 1 to the Convention.

QUESTIONS tO THE PARTIES

Did the authorities make any payment to the applicants for their inability to benefit from their property during the period starting from the Municipality ’ s use of their land without any decision to that effect until the deduction made in line with the new zoning plan? If not, has there been a violation of the applicants ’ right to peaceful enjoyment of their possessions within the meaning of Article 1 of Protocol No. 1 to the Convention?

In particular, did the interference in the applicants ’ right to property between 2000 and 2008 without compensation impose a disproportionate burden on him?

APPENDIX