a critical evaluation on the concept of justice in planning process

located in between the Mithatpa a Road and the Çe me Highway, and the Faculty of
Medicine, Dokuz Eylül University (DEÜ)
4.5.1. Development of the Events and the Claims of the Parties
The Master Plan with the scale of 1/5000 which covers the area under litigation,
was approved on 21.9.1998. In the concerned Master Plan, the area that also covers the
lot under litigation, was planned as “Urban Working Area”. The implementation plan
under litigation was approved by the Balçova Municipality Assembly in 21.2.1995.
Claims of the Plaintiff Party:
1. The development plan prepared for the area and the subdivision plan no. 62 on
which this plan is based, are focused on private interests rather than public interests.
2. During the stages of preparation of this plan (on 7.9.1994) the plots that were
owned by Migros A. . were purchased, and before the preparation of the plans, the
construction of a huge shopping mall that occupies a covered area of 7,000 m2 was
constructed on the basis of a provisional license. In this respect, the plan that has been
developed serves the interests of the Migros-Koç Group, and not that of the land
owners. As the outcome of the realization of this plan, title deeds divided into shares
will be offered, and the lots will be sold at prices lower than their actual values as the
outcome of the legal actions to be initiated against this partnership.
3. Since subdivision plan no. 62 will be impracticable on behalf of the land owners
due to the magnitude of the plot; hence, it will be sold to the land speculators, and those
who purchase these lands will generate substantial profits in the long run.
4. In this process, the land speculators shall generate unfair profits.
5. Since the regions that lie beyond the area under litigation have been planned as
residential areas for upper income groups, the concerned region should also be
designated as a residential area.
6. There exists an adequate number of tourism and recreation areas, Moreover, the
concerned neighborhood also has an adequate supply of shopping centers, and there are
no demands for more shopping malls.
7. Should the neighborhood be planned as a residential area, the landowners are ready
to separate the common grounds and erect constructions on these lots.
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