a critical evaluation on the concept of justice in planning process

with the scale of 1/1000 was put into effect upon its approval by the Balçova
Municipality Assembly in 1997. The objections raised against these plans constitute the
subject matter of the legal action. The concerned parties and the claims that have been
set forth in the actions are as follows:
The Claims of the Plaintiff Party:
The claims set forth by the plaintiff party cover the aforementioned issues, as
well as the following assertions: In spite of the court resolution concerning cancellation
and in spite of the negative opinions of the Civil Works Commission of the Greater
Municipality of zmir, Balçova Municipality has re-proposed the establishment of a
Small Industry Site in the same region, has received the approval of the Greater
Municipality, and has initiated the expropriation procedures. These procedures and
plans, and the activities of the administrations who execute them, are in contrariety with
the law, public interests and planning principles.
In response to the above mentioned claims, the defendant Balçova Municipality
has set forth the following arguments:
1. The revised development plan contains a number of differences as compared to the
plan that was cancelled by the court. I this plan, the issues that were the subject matter
of criticism in the Expert report, (the topographical structure of the land and
plantation) have been corrected.
2. The cancellation decision (previously passed by the court) and the criticisms that
were raised in connection with the previous plan are irrelevant to the plots that are
owned by the plaintiff, and there exists no reason that entails the cancellation of the
development plan.
S.S. Yeni Balçova Small Industry Site Construction Cooperative (who
participated in the action as an intervening party), has presented the following
arguments:
1. The legal action that was initiated is devoid of tangible and legally valid
justifications. Moreover, it is based on malicious intents and the motive of the plaintiffs
in pursuing this case and in their plans, is to derive personal interests.
2. In the new plan, the leafy areas have been preserved as parks. The areas with high
slope, were excluded from the borders of the construction areas. In blocks that have
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