a critical evaluation on the concept of justice in planning process

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.
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