a critical evaluation on the concept of justice in planning process

16. In 1999: Özdilek Company applied to zmir No.1 CPCNH in order to be included in
the extent of “buildings under construction that building license according to legal
procedure” stated in the principle decision dated 18.06.1999 numbered 648. This
application was rejected by the committee with the decision dated 16.07.1999 numbered
8067.
17. In 1999: Decision of the cancellation of construction which had been applied
according to the principle decision of Supreme Committee of Protection dated
18.06.1999 numbered 648, was annulled by Municipality of Balçova on 05.07.1999.
18. In 1999: Özdilek Tourism Management Co. Applied to zmir Administrative Court
on 27.08.1999 by the official request in order to nullify the decision of building license
cancellation and to stop this procedure.
19. In 2000: 3 th Administrative Court decided to nullify the procedure (by E.no:
1999/606, decision no: 2000/3/13) in the same court where Özdilek Co. has brought the
suit of nullity regarding the decision no. 8050 (E.no: 1999/605). For that reason, by the
declaration of “legal support, that constituted the reason of the legal procedure
regarding the cancellation of building license, had been removed” and by the majority
of votes, the court decided the nullification of the procedure on 25.05.2000. Opposing
vote has claimed the necessity of the rejection of this action. This opposing opinion has
objected the transaction which based on the nullification of the procedure of the
decision no. 8050 by stating “fundamental principle of the transaction should be the
announcement of natural site and site grading is not satisfactory to take such a decision
on the cancellation of building license”.
20. In 2004: Construction was concluded by Özdilek Company and shopping centre and
hotel enterprise has been operated.
In the action regarding the nullification of Master Plan Change scaled 1/5000
which was brought by Central Office of TMMOB Chamber of Architects against
Greater Municipality of zmir, Ministry of Tourism and Ministry of Public Works and
Settlement, procedure has been developed as follows:
1.TMMOB Central Office of Chamber of Architects brought an action to 6 th Council of
State concerning the plan change realised on plot basis.
2. 6 th Council of State decided to nullify the transaction.
3. “Decision Amendment Demand” was submitted again to the court by the Ministry of
Tourism against the “nullification of transaction” decided by Council of State.
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