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Turkish Cypriot property concerns block property development

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Turkish Cypriot property concerns block property development

Postby brother » Wed Feb 09, 2005 1:20 pm

Turkish Cypriot property concerns block property developments in Paphos
By Elias Hazou


TWO major development projects in Paphos have been put on hold, after it emerged that the government is reluctant to appropriate land originally belonging to Turkish Cypriots.

The two projects are the construction of a new municipal theatre and restoration works at Kennedy Square. However, in the wake of the Arif Mustafa case, the government’s stated policy has been generally to avoid appropriations of Turkish Cypriot properties.

And although no specific legislation has been passed, the Paphos municipality has received word from the Interior Ministry of possible complications in going ahead with the project. In fact, the government has let be known that expropriations of Turkish Cypriot property will no longer be readily executed.

The glitch with Kennedy Square is that lies on land belonging to the EVKAF Islamic endowment, with the Interior Ministry saying it is unable to carry out any interventions.

In a related case, sources at the Paphos municipality said that a few days ago they received a letter from a British company representing the children of the owner of a land plot in the town centre. The location directly affects two municipality parking lots, raising concerns that the town’s development plan might grind to a halt if these claims are substantiated.

Last September, the Supreme Court passed a landmark decision, ruling in favour of Turkish Cypriot Arif Mustafa, who filed an appeal demanding the return of his property in Episkopi.

Turkish Cypriot properties abandoned in 1974 came under the possession of the state, initially through appropriation and subsequently through the temporary provisions of the 1991 Law on Turkish Cypriot properties, which tasked the Guardian of Turkish Cypriot properties with their management.
In its ruling, the court reasoned that the assumption of the properties by the Guardian was not in reaction to the occupation and exploitation of Greek Cypriot properties in the north, but aimed at the protection of the properties in question in the absence of their owners.

Moreover, on examining the legislation, the judges found that there was no justification for discriminating between the members of the Turkish Cypriot community who had, and those who did not have, their usual place of residence in the areas controlled by the Republic on July 1, 1991, when the law took effect.

At the time some warned the Supreme Court’s decision paved the way for mass property claims in the south by Turkish Cypriots, but so far these fears have not so far materialised.
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