a critical evaluation on the concept of justice in planning process

7. Objection against the rejection of the demand for the preparation of a development
plan by the administrative court: The demand submitted by the plaintiff party, the
Foundation of the Turkish Medical Doctors concerning the preparation of a
development plan for the area (located in the quarter of Yeniköy) owned by the
Foundation, was rejected by the Balçova Municipality The action that was initiated
against the rejection of the demand by the municipality assembly, was accepted from
the standpoint of the plaintiff party by the administrative court in 2001.
8. Actions concerning the changes in plan realized at Narlıdere Municipality by the
Greater Municipality of zmir: On the whole, there are five actions initiated within this
context. Four of these actions were determined to be initiated in 1994; however, it has
not been possible to have access to the files containing the relevant details. Of the
remaining two actions, the first one was is concerned with the objection that was raised
against the transformation of the residential area that was originally conceived as “A3
arrangement” into “Block-5” arrangement. The litigation that was initiated in 1994 was
resolved by a decision in favor of the administrative court in 1995. The concerned
decision was approved by the Council of State in 1996. The second legal action consists
of the objection that was raised against the decision concerning the transformation of
the residential areas originally conceived as “A2 arrangement” in the development
plans, into “Block Arrangement”. In this action, which was initiated in 1999, and the
administrative court has resolved in favor of the plaintiff party in 2000. The concerned
resolution was not brought to the attention of the court of appeal.
9. Objection against the transformation of the green zone into a high density residential
area. The plaintiff is not a property owner. Since the no follow up was applied on the
litigation initiated in 1999, the administrative court has resolved in 2000 that the
“litigation shall be deemed as not having been initiated”.
10. Objection against the modification of the plan: An objection was raised by an
individual who was not a property owner, against the reclassification of the area as
“Block-5 TM” the effect of a change in the plan by the Balçova Municipality. The
litigation initiated in 1996 was accepted by the administrative court in 1997, and the
decision was approved by the Council of State in 1999.
11. The cancellation of the Revision Plan developed for the Narlıdere- Sahilevleri
Quarters: A total of three actions were initiated regarding this subject matter in 1997. In
1998, the administrative court has resolved on the cancellation of the revision plan. The
157