a critical evaluation on the concept of justice in planning process

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and the Implementation Plan with the scale of 1/000 will be appropriate. (1 st Administrative Court 1997/755E). In the <strong>evaluation</strong> applied by the Administrative Court dated 23.3.1990, in light of the determinations of the expert commission, it was indicated that “the arrangement concerning the light industry site that was proposed in the development plans, was in conflict with the fundamentals and principles of city planning, public interests and the construction legislation. Hence, a unanimous decision was passed on the cancellation of the development plans subject to litigation. The application submitted by the Administration of Balçova Municipality to the 6 th Department of the Council of State concerning the repeal of the decision, was examined by the Council of State (as per Resolution No. 1999/4856 E, 2000/5953 KN) In its Resolution dated 23.11.2000, the 6 th Department of the Council of State has revoked the decision of the administrative court. The reason for the revocation is explained as follows: In the defense submitted by the Balçova Municipality, it is argued that the immovable property subject to litigation is located beyond the borders of the development plan, and at the same time, from the implementation plan with the scale of 1/1000 provided in the attachment to the expert report that was taken as basis in court decision, it is understood that the immovable property in question is beyond the borders of the approved development plan. Therefore, the pertinent decision must be passed subsequent to the determination of whether or not the concerned immovable property is within the borders of the approved development plan. Although the litigation that was revoked and returned to the administrative court (through Resolution No. 2001/312 E /718 KN); the administrative court refused to obey the decision of revoking, and insisted on the validity of its own decision, and has decided on the cancellation of the development plans on 10.12.2001. The administrative courts presented the following justification regarding its insistence on the resolution concerning the cancellation of the development plan: “Although the plot that is owned by the plaintiff is beyond the borders of the approved development plan, it is also near the concerned area to the extent that it will be affected from the implementation of the plan. The decision of revocation passed by the Council of State, does not contain any clarifications regarding the degree of 166
effectiveness of the location of the concerned immovable being within or beyond the borders of the development plan, on the decision to be passed, and on the procedures and principles that will be taken as basis in the passing of the concerned decision. Nevertheless, the request concerning the investigation of this issue was accepted, for purposes of determination of whether or not the plaintiff is authorized to initiate this legal action. However, vis-a-vis the generally accepted case laws, it must be agreed that in disagreements arising from the implementation of development plans and plans, the persons who are residents in the area under litigation shall be entitled to initiate legal action. The Administration of Balçova Municipality has submitted another application to the council of state with a demand concerning the repeal of the “insistence decision” passed by the local court in December 20012. In its justification concerning this application, the administration has asserted that the “the raising of a claim on grounds that an immovable that is in proximity of the approved borders of the development plan shall definitely be affected from the development plan” in not consistent with the fundamentals and principles of city planning. 4.4.1.1.3. Third Phase of the Action During this phase, while on one hand the legal actions initiated for the cancellation of the development plans were in progress, on the other hand, the permission for the erection of light industry site was issued by the concerned municipality. The developments that took place during this phase, were as follows: The application submitted by the S.S. Balçova Light Industry Site Construction Cooperative on 31.12.1998 for the receipt of a construction license in accordance with the current development plan and regulations, was accepted by the Balçova Municipality, and a construction license was issued to the Cooperative on 16.4.1999. However, upon the decision of the administrative court concerning the revocation of the plan (within the context of the process explained above), the Balçova Municipality Committee has decided on the cancellation of the licenses granted in connection with the light industry site. In the aftermath of this decision, Balçova Municipality 167
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A CRITICAL EVALUATION ON THE CONCEP
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ACKNOWLEDGEMENTS I would like to th
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ÖZET Bu tez, Türkiye ehir planlam
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2.3.2.The Attained Principles and R
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4.3.3.Objections to Demolition Deci
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LIST OF TABLES Table Page Table 2.1
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1.1. Aim of the Study CHAPTER 1 INT
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urban space. The considered aspects
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e revealed and defended. The practi
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questions, of which the answers are
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problems in legal process, effects
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taken in 1999 regarding the area in
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c. Municipalities of Balçova and N
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CHAPTER 2 THE FRAMEWORK OF JUSTICE
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concepts is the society’s structu
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c. how the procedures are explained
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society rather than the individual.
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economy approaches encounter. As a
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25 Table 2. 1. The Main Emphasize o
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equal citizenship are taken as sett
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2.3.2. The Attained Principles and
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2. that the liberties shall be rest
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y Rousseau, Locke and Hobbes. Forma
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content “rule of law” is descri
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2.4.3. Liberties and Rights in the
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Second Stage Rights and Liberties;
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sources new arrangements in economi
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ack to the limited contents of mini
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2.5. Spatial Considerations Based o
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specific in its redistributive aims
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giving the heterogenous urban visio
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In this approach that is based on a
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social and economic rights and in t
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the state on public space and the c
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I. Part-In General Principles chapt
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Land ownership and its utilization
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egulations are done with Conservati
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account; the efficient use of resou
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of law and justice and preparing th
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eport among legal regulations enact
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financial resources of administrati
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installments starting from 150 mill
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Table 3. 3. Total Number of Househo
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Results of the studies of two impor
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public services are among the other
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Turkey. Individualistic rights and
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a notice hang at the building and o
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and give them the statue of being l
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important points. First one is shri
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applications. Articles 15 and 16 of
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gecekondu in this law is made as;
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prior subjects in the organizations
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establishing a social balance and g
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3.5.2.2. Limitation of Ownership Ri
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3.5.2.3. Individual, Social and Pub
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In the legal transformations which
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Narlıdere realized in 1992. By thi
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Although not making any decisions o
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Figure 4.1.A. Detail from Balçova
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107 Derived from the data Planning
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4.2. General Evaluation of Actions
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Table 4. 3. All Administrative and
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4.2.1. General Evaluation of the Ac
Page 127 and 128: 115 115
Page 129 and 130: Table 4.5. All Administrative and J
Page 131 and 132: 119 119
Page 133 and 134: 121 Table: 4.8. Administrative and
Page 135 and 136: About Subdivision Plans Proceeded i
Page 137 and 138: 12. Narkent Includes the actions br
Page 139 and 140: Table 4. 9. Administrative and Juri
Page 141 and 142: Chamber of Architects) and 1 action
Page 143 and 144: 4.3.1. Actions about Expropriation
Page 145 and 146: decision of zmir-Çe me Highway and
Page 147 and 148: In the claim of Municipality of Bal
Page 149 and 150: monetary/moral difficulties and los
Page 151 and 152: Table 4. 11. Actions of Nullity Pro
Page 153 and 154: which are defined in legal process,
Page 155 and 156: accepted the explanation of “havi
Page 157 and 158: Plans scaled 1/5000 that include Ma
Page 159 and 160: 4. “Decision Amendment Demand”
Page 161 and 162: Table 4. 42. Distribution of Demoli
Page 163 and 164: children’s playgrounds, green zon
Page 165 and 166: shown as a work site in the impleme
Page 167 and 168: court decision will be in favor of
Page 169 and 170: 7. Objection against the rejection
Page 171 and 172: Municipality has repealed its plans
Page 173 and 174: Expert Report: 1. The purpose of th
Page 175 and 176: with the scale of 1/1000 was put in
Page 177: 2. As the result of the reexaminati
Page 181 and 182: located in between the Mithatpa a R
Page 183 and 184: purposes, which is the demand of th
Page 185 and 186: no: 97-98-99 on building block no.6
Page 187 and 188: lands belong to the Treasury”. On
Page 189 and 190: party because documents in court fi
Page 191 and 192: decisions that are passed on the ba
Page 193 and 194: Figure 4. 6. Spatial Distribution o
Page 195 and 196: CHAPTER 5 CONCLUSION 5.1. General C
Page 197 and 198: 5.2. Results of the Transformation
Page 199 and 200: urban settlers by the urban physica
Page 201 and 202: 5.3. Results of Field Survey In the
Page 203 and 204: also the legal and legitimacy proce
Page 205 and 206: etween Özdilek which carries a pri
Page 207 and 208: career, do not have a common defini
Page 209 and 210: organization in making the most dis
Page 211 and 212: Books: REFERENCES Ackerman, B. A. (
Page 213 and 214: Kele , R. (1994) Yerinden Yönetim
Page 215 and 216: Articles and Papers: Akkar, M. (199
Page 217 and 218: Türkçe Sözlük (1974) TDK Yayın
Page 219 and 220: Lai, C.&Wai, L. (2002) Libertarians
Page 221 and 222: Sivil taatsizlik (1998), Disiplinle
Page 223 and 224: APPENDIX A The Extent of Subject Cl
Page 225 and 226: Personnel Actions for annulment of
Page 227 and 228: APPENDIX B Examination of Actions B
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demolition decisions are under the
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Explanation of Terms Used in Thesis
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APPENDIX E All Collected Data Inclu
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Conference Papers and Seminar Prese
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