a critical evaluation on the concept of justice in planning process

shown as a work site in the implementation plan, as a residence area. The said demand,
relating to the area that is located in the nciraltı district, was rejected by the
administrative court in 1996.
5. The Cancellation of the change in the Master Plan with a scale of 1/5000 (Özdilek):
The defendants of this action was initiated by the Head Office of the Turkish Chamber
of Architects and Engineers (TMMOB) are, the Municipality of Balçova and Greater
Municipality of zmir, and the Ministry of Tourism and the Ministry of Reconstruction
and Resettlement. This legal action was initiated in 1999, and was rejected in 2002. The
litigation is currently pending at the level of the court of appeal. Meanwhile, the
construction of the Özdilek Tourism Center, of whose construction had then begun
based on the plan that is the subject matter of the litigation process, has been completed.
6. The Cancellation of the Recreation Area: In an application submitted by the
property owners to the Balçova Municipality, the area (Karapınar Location) where the
properties of the concerned applicants were found, which was designated as a recreation
area, was demanded to be redefined as a residential area. This demand was rejected
before being negotiated at the municipality assembly, and in the ensuing litigation
process, the court has decided to accept the demand of the property owners. At the end
of the litigation, the court has decided that the issue be negotiated at the municipality
assembly; however, the decision that was settled at the municipality assembly regarding
this issue is unknown The legal action was initiated in 2002, and a resolution was
passed based on the investigation that was conducted on the file on the same year, and
the litigation was resolved.
7. The Demand for the Cancellation of the Light Industry Site Shown in the Master
Plan with a scale of 1/5000 and the Implementation Plan with a scale of 1/1000: The
action relating to the real of the Light Industry (minor handicrafts) site, consists of two
phases. The first litigation within this framework was initiated in 1995 by two plaintiffs,
with a demand for the cancellation of the development plans The decision passed by the
administrative court in 1996, concerning the repeal of the plans under litigation, was
approved by the Council of State (court of appeal). The Demand for the Revision of the
Court Resolution submitted by the Balçova Municipality was rejected, and the court
decision has become final and decisive. During the course of the litigation process, the
plans were implemented through revision by the concerned municipalities. During the
second phase, applications were submitted to the court for the cancellation of these
plans. The defendants of this litigation, which was initiated by six real persons in 1997,
153