a critical evaluation on the concept of justice in planning process

are the municipality of Balçova and Greater Municipality of zmir. The litigation
process was finalized in 1999, and it was resolved that the plans shall be cancelled (i.e.
the demands of the plaintiff party were accepted). At the end of the appellate review, the
court of appeal has approved the resolution of the administrative courts, and the
Demand for the Revision of the Court Decision was rejected.
8. Objection against the Demand for the planning of the Area that Remained outside
the Borders of the Zone of Expropriation for Dokuz Eylül University (DEÜ) and that
has not been expropriated. Since the lot that remained beyond the borders of the
development area for the DEÜ Faculty of Medicine was not expropriated in the Master
Plan with a scale of 1/5000 was not expropriated, a demand for revision in the
development plan was submitted by real persons. The litigation with the demand for the
repeal of the request that was rejected by the Balçova Municipality was initiated in
2002. The litigation is currently in progress.
9. Objection against the rejection by the Municipality of the demand concerning the
amendment of the plan relating to the reclassification of the area from the school
property to area for reconstruction: This action, which was initiated by a plaintiff in
2001, was decided to be resolved in favor of the plaintiff party.
10. Objection against the Changes of the Plan Notes: Amendments have been
introduced in articles 3 and 7 of the plan notes in the region between the zmir- Çe me
Highway and the Mithatpa a Road. This procedure was rejected by the Greater
Municipality of zmir. Upon the passing of a decision of insistence by the Balçova
Municipality, the Greater Municipality of zmir has applied to court for the repeal of the
concerned procedure. Another action was initiated by a real person regarding the same
subject matter on the same year (2001). The two actions were finalized by the
administrative court through a resolution that envisaged partial acceptance (the
acceptance of the amendment of Article 7) and partial rejection (the repeal of Article 3).
The court resolution was not submitted to the court of appeal.
11. Cancellation Of The Change In The Development Line Effected Through Changes
Of The Plan Notes: In the action that was initiated in 1994 by the Greater Municipality
of zmir, an objection was raised against the change in the development line effected by
the Balçova Municipality through changes in the plan notes. Balçova Municipality
Assembly has passed decision for insistence no. 118 on 19.10.1994, and the demand for
repeal submitted by the Greater Municipality of zmir was rejected. In the litigation that
ensued, it was resolved that the change of plan shall be repealed (in 1995) and that the
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