a critical evaluation on the concept of justice in planning process

1980. After military intervention in 1980 Municipality of Balçova was conveyed to
Municipality of zmir. Thus ownerships of the sold plots were transferred from
Municipality of Balçova to Municipality of zmir and then Greater Municipality of
zmir by rectification method. After re-establishment of Municipality of Balçova in
1992, ownership was not conveyed to the Municipality by the Provinces Administration
Commission of Provinces Administration and no actions brought to this decision by the
Municipality of Balçova. Although different Myoralties had announced between 1980 -
2002 that, title-deeds of the sold plots would be distributed, title-deed transfers have not
been completed since 2003.
In this period, people who had their title-deeds had taken expropriation
payments during realization process of the high way planned in the mentioned land. In
2000’s, upon the decision of realization of 2005 Universidad Olympiads in zmir,
Greater Municitality of zmir has started the procedure concerning planning and
realization of “Olympiad village project”. The area including 98 plots, where also plots
causing action exist, were assigned by Greater Municipality of zmir to construct
buildings of International Summer Games.
By the Olympiad Village Project, people who couldn’t have their title-deeds
applied to Administrative Court with demand of conveyance of ownership and
annulment of Master Plans. Characteristic and basis of these action based on
“ownership rights and use of those rights”. Basis of plaintiff parties depends on the
opinion that there is not any just and equitable process regarding “sustainability of
administration and removal of the problems occured because of administrative actions.”
It is stated that, in 1970’s, there were approximately 5000-6000 people who were
informed by the announcements of Balçova Municipality and purchased those plots. It
is also stated that, there were 600 members of “Human Solidarity Association of Land
Sufferers in Balçova” (Balçova Ma durları nsani Dayanı ma Derne i) in 2004 82 .
Data obtained during examination of regarding court file proceeded in
Administrative court are as follows:
Subject of action is; “Demand of annulment of the transaction dated 1990
numbered 167 of Province Administration Council concerning the conveyance of plots
82 During the examination of this case, a participation was realized in a regular meeting of this
association. After a few interviews with the members of the association, it has been informed that, part of
the members have not been still a property owner and have been living in the “gecekondu” areas opposite
the lands under construction. In addition, it has been observed in the interviews realized face to face with
part of members in the meeting that, socio-economic profile of members is not uniform, however part of
them represent low, low-middle and middle income groups.
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