a critical evaluation on the concept of justice in planning process

4.2.4. General Evaluation Results of Proceeded Actions
As actions that are reflected on judicial control in case study area has been
examined, intensity of the objections including decisions and implementations
regarding spatial subjects can be observed. These objections concern the decisions of
municipalities, General directorate of Highways and zmir No.1 Committee of
protection of Cultural and Natural Heritage, as application authorities, by using
necessary authorizations defined by laws. 68 Basic demand in these objections is the
detailed definition of “appropriateness” of authority, task and responsibility of
application authorities with “law and regulations” during implementation process. In
another words, plaintiffs apply to legal justice in order their rights on urban space can
be defended during legal application process. Proceeded actions control the
appropriateness of the implementations and decisions of authorized government office,
which have the arrangement authority of urban space, with law and acts and they also
present the expectations of defendant and plaintiff parties from urban space. In this
extent, numbers and subjects of actions represent the indicators of conflicting urban
spatial demands.
General <strong>evaluation</strong> results of actions, including all spatial problems without
making any administrative/juridical differentiation, are as follows:
1. Number of conflicts/disagreements regarding spatial subjects are considerably high
in number. Through 1215 actions in total proceeded between 1992-2003, number of
spatial subjects is 965 and number of objections including tasks and other
transactions of municipalities is 250. Number of these actions through grand total,
as interventions concerning the aim of arranging urban space, indicates the reactions
of persons to plan making and approval processes.
If plaintiff parties of 965 spatial actions are examined, following results are
going to be found; 811 actions (84,04%) by private persons, 63 actions (6,53%) by
official institutions, 57 actions (5,91%) by companies, 19 actions (1,97%) by zmir
Chamber of Commerce, 12 actions (1,24%) by cooperatives, 1 action (0,10%) by
foundation, 1 action (0,10%) by camber of professions (TMMOB Central Office of
68 Development Act No.3194, Act of Municipalities No.1580, Act of Development Amnesty No.2981,
Act of Expropriation No.2942, Acts of Protection of Cultural and Natural Heritage No.2863.
128