İmar kirliliğine neden olmak - Yargıtay 18. Ceza Dairesi 2016/12330 Esas 2016/15501 Karar Sayılı İlamı
Esas No: 2016/12330
Karar No: 2016/15501
Karar Tarihi: 05.10.2016
İmar kirliliğine neden olmak - Yargıtay 18. Ceza Dairesi 2016/12330 Esas 2016/15501 Karar Sayılı İlamı
Özet:
An Asliye Ceza Court case regarding causing environmental pollution was appealed. The court examined the transcripts of the trial, documents, and explanations and it was concluded that the defendants, who were responsible for supervising the construction process, did not fulfill their duties according to the Building Inspection Law and did not report any deviations in the construction to the relevant authorities. However, the court found the construction violations to have been rectified at a later stage and dismissed the case against the defendants. The plaintiff contested the decision, arguing that the dismissal was against the law. The appeal court agreed with the plaintiff and stated that the application of TCK Article 184/5 was not appropriate in this case. The case was sent back to the lower court for a retrial.Kanun Maddeleri:
- 4708 sayılı Yapı Denetimi Hakkında Kanun'un 9/1. maddesi
