The Council of State has unanimously stayed the execution of an urgent expropriation decision involving hundreds of agricultural plots near Akbelen Forest in Muğla, southwestern Turkey.
The ruling concerns a presidential decision published in the Official Gazette on Jan 10. President Recep Tayyip Erdoğan had ordered the urgent expropriation of 679 agricultural plots in six neighborhoods in the Milas district.
The land was intended for YK Enerji, the company operating the nearby Yeniköy and Kemerköy thermal power plants. Since 2020, large areas in the region have been opened to coal mining through expropriation, leading to the loss of local olive groves, farmland, and pastures.
First visuals reveal extent of deforestation in Akbelen forest due to coal mining
In its decision, the 6th Chamber of the top administrartive court emphasized that urgent expropriation is an exceptional method. It ruled that while energy supply and economic goals may explain the need for expropriation, they do not establish the state of urgency required under Article 27 of the Expropriation Law.
The court also noted that implementing the expropriation could result in damages that are difficult or impossible to repair.
Turkey prepares to open olive groves for mining to ‘feed power plants’
'All expropriation lost legal basis'
Lawyers of the plaintiffs, Arif Ali Cangı and İpek Sarıca, issued a written statement noting expropriation decision can no longer be enforced.
“With the Council of State’s decision to suspend enforcement, the urgent expropriation process has become legally unenforceable. As noted in the decision, there is no extraordinary ‘state of urgency’ in the region that would justify urgent expropriation. Economic justifications, production targets, or the continuity of corporate operations cannot legitimize the exceptional method provided for by law.
"This finding confirms what we have been asserting from the outset: The intervention in Akbelen’s natural environment and living spaces is not in the public interest but is based on a specific economic preference. It is now indisputable that the urgent expropriations in Milas were carried out in the interest of the Yeniköy Kemerköy Energy company, a joint venture between Limak and İçtaş.
"The most significant consequence of this historic decision is that all administrative and judicial processes conducted based on the urgent expropriation procedure have lost their legal basis. Seizure attempts, site inspections, and expert evaluations, as well as compensation determination procedures, are now legally invalid. It is not possible to interfere with property rights based on an administrative action that is clearly contrary to the law. Any contrary application is unlawful and constitutes a crime.”
Intervention with tear gas and one detention in Akbelen forest resistance
Call for cancellation of ongoing processes
The lawyers also raised the issue of 649 ongoing seizure and price determination cases at the Milas 2nd Civil Court of First Instance. They argued these lawsuits have lost their basis and should be rejected without further action.
They described the ruling as a victory for the Akbelen resistance. They stated that the stay of execution proves the righteousness of the struggle to defend local living spaces.
"The judicial decision obtained is a victory for the Akbelen resistance and our clients, who have tirelessly struggled to protect their air, water, land, and lives," the lawyers said, calling for the immediate implementation of the court ruling to end unlawful practices in the region.
Muğla villagers persist in protests against coal mine project in forest despite detentions
'A victory for the resistance'
The lawyers also described the Council of State’s decision as “a victory for the Akbelen resistance”:
“The injunctions issued by the 6th Chamber of the Council of State have once again demonstrated just how justified the struggle in Akbelen was. All measures taken against those defending their living spaces have once again been scrutinized by a judicial decision, and their illegality has been confirmed. The requirements of this decision must be implemented immediately; unlawful practices must be brought to an end.
"The judicial decision obtained is a victory for the Akbelen resistance—the result of the unwavering struggle waged by our clients to protect their air, water, soil, and, in short, their dignified lives alongside nature. We salute those who resist for life. We hope this marks the beginning of an era in our country where rights are safeguarded and life is protected.”
Akbelen Forest activist Esra Işık kept in custody after first hearing
(HA/VK)
