a critical evaluation on the concept of justice in planning process

authorized in administrative judgement and Civil Courts of First Instance are authorized
in juridical judgement, are; actions of nullity, increase in the price, decrease in the price
and conveyance.
Approved development plans are also accepted as a special form of public
interest, so it is not considered necessary to take any decision regarding public interest
on these plans (Günday, 1997, 173). In this stage, public interest principle regarding the
lands that have to be expropriated according to related plan decision is discussed in
planning practice. Thus, in expropriation procedures, public/social interest together with
principles, planning studies and quality of this decision in development practice are
considerably important. (Kalabalık; 2002, 193)
In Balçova and Narlıdere settlements where land studies were realized, number
of actions brought against expropriation procedures are 224. There are 3 different action
type in classification of actions about expropriation according to subjects (See Table:
4.7 and 4.8).
a. Increase in expropriation value; there are totally 21 actions in Balçova regarding
this subject and distribution of these actions according to years is as follows: in 1993,
1995, 1999, 2002 – 1 case in each year, in 1994 – 2 case, in 1998 – 3 cases, in 1996 – 5
cases, in 1997 – 7 cases. In Narlıdere there are 6 actions in total and distribution
according to years is; in 1994, 1996, 1997, 1998, 1999, 2001 – 1 case in each year. In
addition, there are 2 worth actions caused by confiscations done without expropriation
in Narlıdere (in 2001 – 1 case) and Balçova (in 2002 – 1 case) settlements.
Plaintiffs of zmir-Çe me Highway are not included in the actions regarding the
increase in expropriation value. Defendant party in actions about price increase is the
General Directorate of Highways who realizes the procedure. It is thought that, there are
actions about value increase as well as annulments of expropriation transactions.
However, these data have not been included in study extent; therefore they have not
been evaluated.
b. Restitution of expropriated area; there are 3 actions, which were proceeded in
1993, in Balçova settlement regarding demand of restitution of expropriated area.
c. Annulment of expropriation procedure and development plans that it is based on;
these actions are proceeded in administrative judgement with administrative courts and
they mostly exist in Balçova settlement regarding the annulment of expropriation
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