a critical evaluation on the concept of justice in planning process

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108 Derived from the data Planning Department of Greater Municipality of zmir Figure 4. 5. Development Plans In Force in Narlıdere Settlement 108
4.2. General Evaluation of Actions Proceeded Inside Municipal Boundaries of Balçova and Narlıdere Data that have been collected by acceptance of representing planning and spatial conflicts inside municipal boundaries of Balçova and Narlıdere (the case study area) consist of 1215 court files belonging to the period in between 1992-2003. Before 1992, 3 court files have been found, which were proceeded in 1988-1991, however, these actions have not been included in generalization and <strong>evaluation</strong> extent. 63 First classification concerning 1215 actions causing conflict is the differentiation of Administrative and Juridical actions. Examination of actions, proceeded between 1992- 2003 according to proceeding years and administrative-juridical differentiation, is shown in Table: 4.3. “All Administrative and Juridical Actions Proceeded In Balçova and Narlıdere Municipalities According to Proceeding Years (1992-2003)”. As seen in the table; number of juridical actions is 191, number of administrative actions is 565 and totally 756 actions exist in Balçova settlement. On the other hand, in Narlıdere settlement the number of administrative actions is 257, juridical actions is 194, actions in “others” category is 8 and totally 459 actions exist in Narlıdere. If actions proceeded in both two settlements are examined in total according to proceeding years, greatest portion belongs to the year 1999 with 241 cases, second portion belong to the year 1995 with 230 cases and third portion belongs to the year 1996 with 173 cases. Years that have the minimum number of actions are; 1992 with 4 cases and 1993 with 27 cases in total. If it is considered that the only authorized administration was Municipality of Konak before 1992, decrease in the number of actions proceeded between 1992-1993 depends on the establishment of new municipalities in these years. Total number of 63 These three actions exist in registrations of Narlıdere Municipality. First one is an administrative action proceeded in 1988. In this action of objection, which was brought against the demolition decision taken by Konak Municipality, it was claimed that, related building was completed before 1984 and there was an application for development amnesty, therefore, annulment of the decision was demanded. In 1991, action was accepted in favour of plaintiff by regarding administrative court and this decision was approved by the Council of State (6th G.O.) in the same year. Second one is a juridical action proceeded in 1989. Subject of this action was the annulment of land register. Related court decided the acceptance of the case in favour of plaintiff in 1997 and this decision was approved by the 8th Civil Panel of the Supreme Court of Appeals. Third action is a juridical action proceeded in 1991. Subject of action was partition action and it was rejected against plaintiff by the related Civil Court of First Instance. Action was appealed and abated by the Supreme Court of Appeals because of not approving the decision of the local court. Action was concluded in 2001. These actions proceeded between 1988-1991 can not represent all of the actions in these years because Municipality of Narlıdere was not an independent municipal organization at that date and not included in general <strong>evaluation</strong> because of not obtaining systematic data between these years. However, these actions have importance because of indicating the existence of actions regarding physical space between 1988 -1991. 109
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A CRITICAL EVALUATION ON THE CONCEP
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ACKNOWLEDGEMENTS I would like to th
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ÖZET Bu tez, Türkiye ehir planlam
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2.3.2.The Attained Principles and R
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4.3.3.Objections to Demolition Deci
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LIST OF TABLES Table Page Table 2.1
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1.1. Aim of the Study CHAPTER 1 INT
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urban space. The considered aspects
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e revealed and defended. The practi
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questions, of which the answers are
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problems in legal process, effects
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taken in 1999 regarding the area in
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c. Municipalities of Balçova and N
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CHAPTER 2 THE FRAMEWORK OF JUSTICE
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concepts is the society’s structu
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c. how the procedures are explained
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society rather than the individual.
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economy approaches encounter. As a
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25 Table 2. 1. The Main Emphasize o
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equal citizenship are taken as sett
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2.3.2. The Attained Principles and
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2. that the liberties shall be rest
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y Rousseau, Locke and Hobbes. Forma
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content “rule of law” is descri
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2.4.3. Liberties and Rights in the
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Second Stage Rights and Liberties;
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sources new arrangements in economi
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ack to the limited contents of mini
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2.5. Spatial Considerations Based o
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specific in its redistributive aims
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giving the heterogenous urban visio
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In this approach that is based on a
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social and economic rights and in t
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the state on public space and the c
Page 69 and 70: I. Part-In General Principles chapt
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Page 83 and 84: installments starting from 150 mill
Page 85 and 86: Table 3. 3. Total Number of Househo
Page 87 and 88: Results of the studies of two impor
Page 89 and 90: public services are among the other
Page 91 and 92: Turkey. Individualistic rights and
Page 93 and 94: a notice hang at the building and o
Page 95 and 96: and give them the statue of being l
Page 97 and 98: important points. First one is shri
Page 99 and 100: applications. Articles 15 and 16 of
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Page 107 and 108: 3.5.2.2. Limitation of Ownership Ri
Page 109 and 110: 3.5.2.3. Individual, Social and Pub
Page 111 and 112: In the legal transformations which
Page 113 and 114: Narlıdere realized in 1992. By thi
Page 115 and 116: Although not making any decisions o
Page 117 and 118: Figure 4.1.A. Detail from Balçova
Page 119: 107 Derived from the data Planning
Page 123 and 124: Table 4. 3. All Administrative and
Page 125 and 126: 4.2.1. General Evaluation of the Ac
Page 127 and 128: 115 115
Page 129 and 130: Table 4.5. All Administrative and J
Page 131 and 132: 119 119
Page 133 and 134: 121 Table: 4.8. Administrative and
Page 135 and 136: About Subdivision Plans Proceeded i
Page 137 and 138: 12. Narkent Includes the actions br
Page 139 and 140: Table 4. 9. Administrative and Juri
Page 141 and 142: Chamber of Architects) and 1 action
Page 143 and 144: 4.3.1. Actions about Expropriation
Page 145 and 146: decision of zmir-Çe me Highway and
Page 147 and 148: In the claim of Municipality of Bal
Page 149 and 150: monetary/moral difficulties and los
Page 151 and 152: Table 4. 11. Actions of Nullity Pro
Page 153 and 154: which are defined in legal process,
Page 155 and 156: accepted the explanation of “havi
Page 157 and 158: Plans scaled 1/5000 that include Ma
Page 159 and 160: 4. “Decision Amendment Demand”
Page 161 and 162: Table 4. 42. Distribution of Demoli
Page 163 and 164: children’s playgrounds, green zon
Page 165 and 166: shown as a work site in the impleme
Page 167 and 168: court decision will be in favor of
Page 169 and 170: 7. Objection against the rejection
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Municipality has repealed its plans
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Expert Report: 1. The purpose of th
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with the scale of 1/1000 was put in
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2. As the result of the reexaminati
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effectiveness of the location of th
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located in between the Mithatpa a R
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purposes, which is the demand of th
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no: 97-98-99 on building block no.6
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lands belong to the Treasury”. On
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party because documents in court fi
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decisions that are passed on the ba
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Figure 4. 6. Spatial Distribution o
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CHAPTER 5 CONCLUSION 5.1. General C
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5.2. Results of the Transformation
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urban settlers by the urban physica
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5.3. Results of Field Survey In the
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also the legal and legitimacy proce
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etween Özdilek which carries a pri
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career, do not have a common defini
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organization in making the most dis
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Books: REFERENCES Ackerman, B. A. (
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Kele , R. (1994) Yerinden Yönetim
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Articles and Papers: Akkar, M. (199
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Türkçe Sözlük (1974) TDK Yayın
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Lai, C.&Wai, L. (2002) Libertarians
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Sivil taatsizlik (1998), Disiplinle
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APPENDIX A The Extent of Subject Cl
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Personnel Actions for annulment of
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APPENDIX B Examination of Actions B
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demolition decisions are under the
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Explanation of Terms Used in Thesis
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APPENDIX E All Collected Data Inclu
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Conference Papers and Seminar Prese
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