The Custodian of T/C Properties correctly exercised his discretion
A decision dismissing a lawsuit against Republic as a defendant in relation to the development of Turkish Cypriot property in Paphos province under the Turkish Cypriot Property (Management and Other Matters) Law, recently issued by the Paphos District Court.
The case concerns Turkish Cypriot land, on part of which the Pafos International Airport, the Andreas Papandreou Air Force Base, a self-housing settlement and pieces of land have been given for agricultural crops to Greek Cypriot refugees.
The claimants, namely T/C owners, heirs and an E/C administrator, demanded immediate delivery and free possession of the disputed property, as well as additional damages in excess of EUR 50 million for alleged unlawful interference by the Republic.
The Paphos District Court, agreeing with the position of the Attorney General of the Republic that the defendants held the disputed property on the basis of a specific Law which was enacted to regulate an emergency situation, dismissed the plaintiffs' claims for restitution of the property and compensation, as well as their additional claims for punitive damages against the Republic, on the basis of the provisions of the legislation and the propriety of the exercise of the discretion of the Custodian of T/C Property.
In its judgment the Court held, first, that the Custodian had correctly decided not to allow the property in question to be returned and transferred to the E/C trustee and, second, that no unlawful interference by the Republic and no violation of the plaintiffs' human rights had been established. In addition, the Court weighed, among other factors, the fact that there was another heir, who was not disclosed and was not among the applicants for the return of the property when the application was considered by the Guardian.
The Paphos District Court ordered the applicants to pay the costs, which it awarded in favour of the defendants.
The case for the Attorney General was handled by Ms. Elli Florentzou, Attorney of the Republic A.
(MΛ)
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