a critical evaluation on the concept of justice in planning process

2. Actions of Objection against Site Decisions of zmir No.1 Committee of
Protection of Cultural and Natural Heritage ( zmir No.1 CPCNH)
Total number of actions regarding the annulment of Site Decision No.8050
taken in 1991 by zmir No.1 Committee of Protection of Cultural and Natural Heritage
concerning the area including nciraltı and Bahçelerarası quarters in Balçova settlement
is 145. Plaintiffs of the actions proceeded between 1999-2000 are the property owners
and companies living in the area regarding the site decision.
There are 2 actions of objections to committee’s Decision No.8049 regarding the
area including Sahilevleri quarter in Narlıdere settlement. In these actions, the plaintiff
is Municipality of Narlıdere and in the other action the plaintiff is private person. After
taking decisions regarding annulment of both two decisions, site decisions were
renewed by the committee of protection and 6 new actions have been proceeded for the
objections to committee’s final Decision No.10168 including Balçova settlement.
During the period of data collection (Jan 2004), it has been observed that, actions of
objections regarding committee’s Decision No.10168 were still being proceeded.
3. Actions of Objections to Demolition Decisions
Through 140 actions of objections to demolition decisions in total, 77 actions
exist in Municipality of Narlıdere and 63 actions exist in Municipality of Balçova.
These actions include the objections to demolition decisions taken according to the
Development Act No.3194/Artice No.32 for the buildings without license, buildings
constructed against license and its annexes. Administrative courts are authorized in
these actions. As a result, 47 actions in Balçova and 64 actions in Narlıdere were
concluded with rejection decision against plaintiffs.
4. Actions of Objections to Subdivision Plans
Through 114 actions of objection in total; 72 of them were brought against 11
different subdivision plans enacted by Municipality of Balçova. In Narlıdere, 42 actions
of objection were brought against 20 different subdivision plans enacted by the
municipality. Distribution of 114 actions in total according to plaintiffs is as follows; in
1 action plaintiff is a company, in 2 actions it is an official institution (Turkish
Corporation of Electric Distribution and Office of Official Finance Director of zmir), in
3 actions it is a cooperative (Cooperative of “T. Bankası” Houses), in 108 actions
plaintiffs are private persons. In Table: 4.9. “Administrative and Juridical Actions
122