Analysis of recovery process in zoning plan practices subject to annulment and approach of solution offers

Implementation of 18th article which is mostly implemented in our country and regulate property entirely is known to be the most effective method which fulfills residence requirement of increasing population. In spite of this, implementation stages are not always perfectly run. As a result of this, implementations conducted against laws and regulations are brought to the administrative justice by property owners who have current interest. Implementations which are determined to be done against the law by administrative courts and State Council are cancelled and recovery decisions are taken. Insufficient legal regulation about recovery process even non-existing regulation leave implementers in a difficult position and solution is sought by taking the views of units affiliated to TKGM (General Directorate of Land Registers) in order to make suitable implementation. However it is seen that these views are ineffective in solving problems about property which occur following recovery. In this thesis study, recovery process is discussed on all the legal bases, process of recovery to basic lot from annulment decision to second implementation is discussed and different solution offers are made in order to preserve vested rights. According to this, in order to implement recovery process healthily in annulment implementations, recovery cliché are discussed and composed again, different compensation methods were used for the compensation of field differences which occur with the second implementation and in order to protect vested rights, in case of annulment of 18th article and Ek-1, it was concluded that second implementation should be done based on Ek-1 of law no 2981-3290.