What is a Restitution Case?
A restitution case is a case filed to claim back property that has been illegally seized or destroyed by the administration. This case is regulated in Article 105 of the Administrative Procedure Law (İYUK).
When is a Restitution Case Filed?
A restitution case must be filed within 60 days from the date of learning about the administrative action. If this period is regulated differently in special laws, it follows that period.
Who Files a Restitution Case?
A restitution case can be filed by the owner or possessor of the seized or destroyed property. If there is more than one owner or possessor of the property, the case can be filed by all of them together or separately.
Where is a Restitution Case Filed?
A restitution case is filed with the administrative court in the location of the administration that carried out the seizure or destruction.
Documents Required in Restitution Case:
The following documents must be submitted when filing a restitution case:
Claim petition
Receipt of necessary fees and expenses
Document showing the seizure or destruction process (minutes, decision, etc.)
Document showing the ownership of the property (title deed, invoice, etc.)
Evidence in Restitution Case:
In a restitution case, evidence must be submitted indicating that the seizure or destruction process took place and that the property belongs to the plaintiff. This evidence can be witness statements, expert reports, photographs, etc.
At the End of the Restitution Case:
If the court accepts the case, it decides to return the seized or destroyed property to the plaintiff. In addition, the plaintiff may be paid material or moral compensation.
Things to Consider About Restitution Case:
The restitution case must be filed within the 60-day period.
The petition must clearly state that the seizure or destruction is unlawful and that the property belongs to the plaintiff.
A document showing the seizure or destruction and a document showing the ownership of the property must be attached to the lawsuit.
Evidence must be presented in the lawsuit that the seizure or destruction took place and that the property belongs to the plaintiff.
