a critical evaluation on the concept of justice in planning process

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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
About Subdivision Plans Proceeded in Balçova and Narlıdere Municipalities According to Subdivision Plan No’s and Proceeding Years (1992-2003)”, subdivision plans have been examined according to years. 5. Actions about Taxes In total, there are 49 actions about taxes; 45 actions were proceeded in Municipality of Narlıdere and 4 actions were proceeded in Municipality of Balçova. Subjects of actions are objections to taxes of real estate, entertainment and environmental. 6. Actions about Title-deed Through 47 actions about title-deeds; 26 actions are in Municipality of Narlıdere and 21 of them are in Municipality of Balçova. Subjects of actions about title-deed in Narlıdere are; demand of land registration according to the Act No.2981, land registration of the land which was used as tenure, correction of mistakes on land registers which were done by the municipality, restitution of part of the land more than 35% according to the Development Act No.3194/Article No.18. 7. Actions about Partition Action There are 24 actions in Narlıdere and 21 actions in Balçova municipalities which makes a total of 45 actions. These are the actions proceeded in order to nullify the partnership on the lots where related municipality is one of the shareholders. Partition actions are proceeded in Civil Courts of Peace and actions generally conclude with the decision of sale of the lot. 8. Actions of Objection to Development Plans Actions of objection to development plans include; annulments of Master Plan scaled 1/5000, Implementation Plan scaled 1/1000, Development Plan Revision, piecemeal plans, objections to changes of planning briefs and objections to plan alterations. Administrative courts are authorized in these subjects of conflict. Total number of actions concerning annulment of development plans is 31. Number of actions brought against Municipality of Narlıdere is 13 and against Municipality of Balçova is 18. Number of actions for nullity regarding plan changes is 11 in Municipality of Narlıdere and 7 actions in Municipality of Balçova which makes a total of 18 actions. 123
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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
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I. Part-In General Principles chapt
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Land ownership and its utilization
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egulations are done with Conservati
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account; the efficient use of resou
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of law and justice and preparing th
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eport among legal regulations enact
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financial resources of administrati
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
Page 101 and 102: gecekondu in this law is made as;
Page 103 and 104: prior subjects in the organizations
Page 105 and 106: establishing a social balance and g
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 and 120: 107 Derived from the data Planning
Page 121 and 122: 4.2. General Evaluation of Actions
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: 121 Table: 4.8. Administrative and
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
Page 171 and 172: Municipality has repealed its plans
Page 173 and 174: Expert Report: 1. The purpose of th
Page 175 and 176: with the scale of 1/1000 was put in
Page 177 and 178: 2. As the result of the reexaminati
Page 179 and 180: effectiveness of the location of th
Page 181 and 182: located in between the Mithatpa a R
Page 183 and 184: 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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