a critical evaluation on the concept of justice in planning process

4.3.5. The Actions Initiated for the Cancellation of the Development
Plans
4.3.5.1. Balçova Municipality
A total of 25 separate actions were initiated against the implementation plans
with a scale of 1/1000 developed by the Balçova Municipality and the Master Plans
with a scale of 1/5000 (the Master Plans are under the jurisdiction of the Greater
Municipality of zmir). The subject matter of the concerned actions are as follows:
1. The Cancellation of the development plans for the Olympic Village; The subject
matter of five action which were initiated by 24 persons in 2002, consist of the
demands for the transfer of ownership and the cancellation of the Master Plan with the
scale of 1/5000 and the Implementation Plan with a scale of 1/1000. The court decision
concerning the suspension of execution, passed in accordance with the conclusions set
forth in the Expert Commission report, was adopted in 2003. The litigation is currently
in progress.
2. The cancellation of the Aqua park Project that is included within the borders of
nciraltı Tourism Center, and that has received the approval of the Ministry: The
subject matter of this legal action initiated by the Balçova municipality in 1995, consists
of the demand for the development plan for nciraltı Tourism Center, with a scale of
1/1000, which has been approved by the Ministry of Tourism. Regarding the four plots
that are under the ownership of the Balçova and Konak Municipalities, a decision was
passed in 1996, concerning the rejection of the plans that were under litigation.
3. The Cancellation of the Revision of Master Plan for the Aydın-Çe me Highway;
The subject matter of this action that was initiated by a real person who is the owner of
a private property, consists of an objection against the designation of the real property
owned by the concerned individual, as a green zone in the approved plans. The action
was finalized by the rejection of the objection raised by the plaintiff party, and the court
decision has been approved by the Council of State.
4. Objection Against the Work Site: The subject matter of the action that was initiated
by a real person who is the owner of a private property, consists of the demand
submitted by the plaintiff concerning the modification of the type of property that was
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