a critical evaluation on the concept of justice in planning process

for plaintiff party, were appealed. As a result of the appeal, decisions of local courts
were approved by 6 th Government Office of Council of State.
Actions of nullity regarding the expropriations and related development plans
were proceeded between 1995-1997 and concluded between 1998-1999. As a result of
the actions, construction of existing zmir-Çe me Highway connection was concluded
and it is being used today.(See Fig.:4.7)
4.3.1.3. General Evaluation
As litigation process is evaluated according to legal justice, it can be said that, it
is realized in a fair process through procedures accepted by law. In general <strong>evaluation</strong>
process, conclusion of following litigation procedures have been observed; parties have
submitted their claims and experts, which were appointed by independent courts, have
evaluated these claims of parties. In the transactions applied in the court decisions that
were made according to expertise reports, decisions have been produced as there has
been no contradiction against acts and regulations. Objections against local court
decisions have been examined again in legal framework and approved also by the
Council of State. In this legal-procedural process “justice” decisions have been
concluded.
If claims and contents/substance of these claims are discussed, a different
<strong>evaluation</strong> can be possible. Basis of the expropriation procedure, which has been
realized by the General Directorate of Highways, is “public interest”. In these
procedures, public interest is defined as expropriation transaction and minimization of
highway construction costs. In this condition, public interest will necessitate the use of
territorial resources for minimum loss/cost and maximum benefit. In this point of view,
it is accepted that, realized procedures and decisions have maximum “public interest”
content. On the other hand, similar <strong>evaluation</strong> exists in the expertise reports. Besides, it
is stated that, minimum expropriation cost has been provided in this region through all
highway route alternatives. Furthermore, plan decisions have been marked on the maps
appropriate with planning technics. However, problem of relinquishment balance, as
lawyers of plaintiff parties has stated, is very important in this extent. In another words,
“greater happiness of the greater number” approach is accepted with the principle of
maximization of public interest in country scale. As a result of this acceptance,
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