a critical evaluation on the concept of justice in planning process

Expert Report:
1. The purpose of the city planning discipline is to ensure that the urban activities, that
entail urban land use, are positioned in the most appropriate locations and magnitudes,
in the available physical space, and to ensure an effective and efficient transportation
and communication system among such activities. The principles in the selection of
space identified for this for this purpose, consist of the principles relating to the slope of
the land, capability of the ground, endemic plantation of the area, ownership structure,
the compatibility-incompatibility of the land for other types of utilization, the vicinity-
remoteness of the area, the magnitude of the land and its potential for development, its
distance to the existing and planned transportation systems, etc. The objectives of such
criteria, are to ensure the objective, efficient and effective planning, and to improve
social welfare. These criteria enable the city planners to develop a healthy, safe and
esthetic urban landscape and to protect the natural environment.
2. Based on the aforementioned criteria, the are that is the subject matter of litigation,
must be entirely disallowed for constructions. It is an area that should be kept under
protection, and that should be strictly disallowed for urban development. The planning
of such a piece of land as urban area, shall conflict with all planning rules and
principles, as well as public interest. The plantation on the landscape should be
protected for the avoidance of erosion and floods.
3. The slope of the land makes it unsuitable for its utilization as a residence area; the
utilization of this piece of land for small industry, would be inconceivable with regard
to the rules of city planning.
4. The projected utilization that is currently under litigation, implicate a high risk of
fire and environmental pollution. The utilization of such a landscape and the forest
areas that are highly sensitive against such risks, will be grossly incompatible with the
city planning principles and public interests.
5. The proposed area, does not offer any expediencies with respect to access and
transportation in terms of city traffic. As a rule, such areas should be utilized for no
other purposes besides green zones.
6. The fact that the shops located in the Mithatpa a Road are being demolished, shall
not justify the planning of the area under litigation as a light industry site.
7. In the Construction Law and the relevant Regulation, it is clearly stipulated that the
development plans must be in conformity with the Master Plans with bigger scale. The
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