a critical evaluation on the concept of justice in planning process

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with equality and relinquishment balance principles, thus, annulment of expropriation decision and related development plans was demanded. Furthermore, it was also stated that, there were 450 households living in E itim quarter where the highway existed and expropriation of built-up areas did not have any public interest principle. It was emphasized that, public interest principle was taken into consideration during location stage of the highway’s route and a participated planning process had not been realized. Previously planned highway route had been more agreeable because of passing through public lands and undeveloped lands. In addition to development plans, it was also stated that, expropriation payments realized in 1995, over the expropriation value determined in 1993, was not fair. Public interest, planning process and <strong>evaluation</strong>s concerning expropriation transactions, which were examined in detail by the counsel of plaintiff parties, have been discussed in above mentioned generalization. Claims of Defendant Parties: In the claim of Ministry of Public Works and Settlement General Directorate of Highways, it was stated that, appraisement procedures were realized in 1993 according to the “decision of commencement of expropriation transactions”, payments would be effected to bank in a month and necessary notifications were sent to property owners. Later, it was added that, payments were effected to bank by a delay of two and a half year because of the delay in payment done by General Directorate of Public Finance to General Directorate of Highways. In the defense of Greater Municipality of zmir, it was declared that, maps of the development plan related to highway construction, which was planned by General Directorate of Highways, were sent to Greater Municipality of zmir for approval purpose (in order to mark the highway route on the development plan) by Second Regional Directorate of Highways with the official letter dated 14.05.1992/ numbered 16700 and this information was accepted by the decision of municipal council dated 27.10.1992. It was also expressed that; “Plans and projects, which are realized by public institutions in country and regional scale according to contemporary urban planning approach, have to be accepted as a superior data for development plans and this is a legal obligation”. It was claimed that, there was not any contradiction in these decisions, which were considered as superior data for development plans, against planning principles, urban planning essentials and public interest. 134
In the claim of Municipality of Balçova, it was expressed that, Master Plan scaled 1/5000 had been accepted on 05.12.1986 by Greater Municipality of zmir and approved on 20.02.1987. Implementations Plans scaled 1/1000 had been accepted by Municipality of Konak before establishment of Municipality of Balçova and approved by Greater Municipality of zmir in 1994 and then approved plans were sent to Municipality of Balçova. Municipality of Balçova also has demanded the annulment of the action because there was no reason to nullify the development plans. Evaluation of Expert Committee: The committee consisting of 3 persons, which has been appointed as experts, has stated the followings in their reports prepared according to their <strong>evaluation</strong>s of files, data and inspections on case area: 1. During determination of highway route; planning and urban planning principles and necessary procedures have been regarded. 2. Public and social interests have been considered as far as possible. 3. It has been determined that, maximum benefit has been regarded in the investment realized according to improve transportation and traffic conditions in zmir. 4. During route research, necessities of highway engineering have been realized and expropriations were fulfilled at minimum level. 72 It has been noticed that, expertise examinations and reports have been arranged only for 99 actions where above mentioned statements have been existed. For the other actions, decisions were taken by related courts according to the same expertise reports. During litigation process 5 actions, which were proceeded in administrative courts in zmir, were rejected by adversary because of existing outside municipal boundaries of Balçova. 8 actions were resulted with relinquishment decision. 168 actions were concluded with rejection for plaintiff according to expropriation procedure. 73 106 of the decisions, which were taken by local courts regarding rejection 72 Statements have been taken from the court files of 1st Administrative Court e:1995/799; e:1995/812; 4th Administrative Court e:1995/851; 2nd Administrative Court e:1995/891; 3rd Administrative Court e:1995/803; e:1996/760. In total, different statements were used that have been obtained during detailed examination of court files. However, in such a concentrated litigation process, it has been noticed that, mostly, there has been no difference in the statements of lawyers’ petitions, defenses of parties, expertise reports or court decisions. 73 In these 3 cases, court decisions are for partially acceptance partially rejection. These 3 cases regarding these 3 plots existed on the area that was included in the extent of the plotting plan no.62. Partial expropriation decision of the authorized government office regarding the plotting plan was objected. Authorized court accepted this decision in favour of the plaintiff. (See 2nd Administrative Court e:1996/714 kn:1998/305) 135
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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
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installments starting from 150 mill
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Table 3. 3. Total Number of Househo
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Results of the studies of two impor
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public services are among the other
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Turkey. Individualistic rights and
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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 and 134: 121 Table: 4.8. Administrative and
Page 135 and 136: About Subdivision Plans Proceeded i
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: decision of zmir-Çe me Highway and
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
Page 185 and 186: no: 97-98-99 on building block no.6
Page 187 and 188: lands belong to the Treasury”. On
Page 189 and 190: party because documents in court fi
Page 191 and 192: decisions that are passed on the ba
Page 193 and 194: Figure 4. 6. Spatial Distribution o
Page 195 and 196: 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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