Abstract:

Diyarbakır, one of our cities with a long history dating back to ancient times, has hosted many civilizations since its foundation with a cultural heritage and many monuments that have survived until today. The majority of the said cultural heritage and monuments are located in the area of Suriçi. In order that this historical fabric can be protected, the area was proclaimed as "urban protected area" in 1988 and the first development plan aiming at protective measures was designed in the 1990s. However, the historical fabric of the area of Suriçi suffered further damages despite the existence of such a plan. As a result, the master development plan and development plans for implementation aiming at the preservation of the area were designed as from 2008 which were then put into effect in 2012. In the ongoing process, in the face of some structures posing risks, unlicensed buildings and the structures that are not-compliant to zoning plans in the indicated area, and the structures that were damaged during the clashes occurred in the area in recent time, the Central Government quickly made decisions in a spontaneous manner to expropriate the risky buildings and has included the area in an urban transformation program. However, during such projects, all designed and carried out in good will, the legal dimension of the issue is ignored either on purpose or by accident. This study therefore tries to provide an insight into the legal dimension of the zoning and construction status and the urban transformation program of the area of Suriçi as well as the decisions taken spontaneously regarding the risk area status and expropriation.

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