a critical evaluation on the concept of justice in planning process

Committee has passed a decision concerning the demolition of the constructions that
were erected and the imposition of fiscal penalties.
S.S. Balçova Light Industry Site Construction Cooperative initiated action
against this decision of the Balçova Municipality Committee on 7.9.2001 (The 4 th
Administrative Court Decision No. 2001/646E).
In its aforementioned decision, S.S. Yeni Balçova Light Industry Cooperative
presented the following <strong>evaluation</strong>s:
1. It was determined that no action was taken by the plaintiff with a demand for the
revocation of the decision of the Balçova Municipality Committee dated 29.7.1999,
numbered 243/1668, regarding the cancellation of the construction licenses under
litigation. Therefore, there exists no conflict against the laws in the section of the
application subject to litigation, pertaining to the demolition of the structure that has
become devoid of a license due to the revocation of its license for construction.
2. As to the structure that has become subject to fiscal penalty, the building in question
was supported by a construction license and was constructed in due conformity with the
applicable procedures. However, the building in question has become deprived of a
license, since it become beyond the borders of the development plan, upon the
revocation of the development plan for the region where the concerned building was
located. Therefore, the portion of the decision concerning the imposition of a fiscal
penalty pursuant to Article 42 of the Construction Law, is in conflict with the
legislation.
This decision of the Administrative Court has been brought to the attention of
the court of appeal by the legal attorney of the plaintiff, and the 6 th Department of the
Council of State has passed a Resolution (No. 2003/5283 E.N.) concerning the
suspension of execution. The present status of the area under litigation, which was
pending as of the date of completion of the investigation, (December 2003), is shown in
the photographs provided in Figure: 4.7.
4.5. Objections against Subdivision Plan No. 62 and the
Implementation Plan that Constitutes its Basis
The Area Under Litigation: The concerned area is located between the borders
of the Balçova district, in the zone that is situated between the beginning of Ata Road
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