a critical evaluation on the concept of justice in planning process

accepted the explanation of “having the characteristics of being a natural site” that was
stated in expertise reports. By considering these statements in principle, they have
announced that, subject of the action is not natural site grading; subject is whether the
area is a natural site or not.
Ministry of Culture, as the defendant party, has applied for appeal regarding the
decisions that nullify the procedure and private persons and companies, as plaintiff
parties, have applied for appeal regarding the decisions that accept the procedure.
Decisions regarding annulment of committee’s decisions has been approved by the
Council of State’s 6 th Government Office; decisions that accept committee’s decisions
have been appealed and have returned to Administrative Courts. All of the actions,
which were appealed and returned to related Administrative Courts, have been accepted
in favour of plaintiff party by Administrative Courts (appropriate with State of
Council’s decisions), which means decisions of the committee have been annulled.
Hence, zmir No.1 Committee of Protection of Cultural and Natural Heritage
nullified their Decision No 8050 in Balçova County on 17.12.2003 and made the new
Decision No.10168 and nullified their Decision No.8049 in Narlıdere County and made
the new Decision No.10169. These decisions have renewed 1 st degree, 2 nd degree, 3 rd
degree natural site boundaries on the area including Çakalburnu Dalyan and surrounded
by zmir-Çe me Highway. Property owners have begun to make objections to the courts
regarding also these new decisions. During research period between Dec 2003 – Jan
2004i number of actions brought for the annulment of the Decision No.10168 has
already been 6 cases. Objections claim that, decisions are not just, are not appropriate
with law and they should be annulled. These actions have not been concluded yet and
they still continue.
In addition to actions/conflicts that reflect on legal process; there are also legal
organizations which are parties in the <strong>evaluation</strong>s regarding the area but exist out of
legal process. These are the organizations of professions in city base and different civil
community organizations. zmir branches of chambers of TMMOB, Faculty of
Architecture, Chamber of Architects zmir Branch, Chamber of City Planners zmir
Branch are some of these organizations. Discussions concerning future of the area,
which reflect on legal process as objections to the decision taken in 1999 by the
committee of protection, has started in 1995. Different demands of different urban
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