a critical evaluation on the concept of justice in planning process

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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. 172
no: 97-98-99 on building block no.671 in Balçova and annulment of Master Plan scaled 1/5000 approved by Council of Greater Municipality of zmir on 17.6.2002 numbered 05/46 and implementation plans scaled 1/1000 approved by Municipality of Balçova on 26.6.2002 numbered 45”. Plaintiff parties were the ones who purchased the plots sold by Municipality of Balçova in 1970’s but couldn’t have the title-deeds and the ones who had the title-deeds but left outside the boundaries of the plan. Defendant parties were Mayoralty of Greater Municipality of zmir and Mayoralty of Balçova Municipality. Plaintiff party has emphasised on sustainability of the administration concerning ownership and confidence to the sale procedure of a public institution. On the other hand, following points were examined concerning planning procedure: 1. There was a discordance between scales 1/25000 and 1/5000 and that discordance was contradictory to regulations and planning principles; 2. Including only the lands under municipality’s ownership in plan boundaries was not in accordance with equality and justice concept, furthermore on those land that were sold to built social houses according to subdivision plans prepared in 1969, a planning interference should be realized according to this goal; 3. Peacemeal planning approach has created implementations contradictory to equality and justice concepts and makes useless the integrity of plans, therefore has caused today’s unplanned cities.”(Application petitions submitted to 2 nd Administrative Court dated 2.8.2002 with E.no. 2002/1042 and E No: 2003/79) Municipality of Balçova claims that, this ownership discussion should be invalidated because of lapse of time after 30 years and parties are no more party on this case. Besides, it is claimed that, implementation plans scaled 1/1000 are in accordance with greater scaled plans and Greater Municipality of zmir is authorized to pursue those plans, thus Municipality of Balçova is not concerned with this case. Besides, plaintiffs do not have any relation with the plans that are subject of the mentioned case. Greater Municipality of Izmir, as defendant part, claims in their owner that; 1. The project developed for the university games is not contradictory to “equality”, “justice” and “public interest”; 2. There is an accordance between Master Plan scaled 1/5000 and implementation Plan scaled 1/1000. 173
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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
Page 91 and 92:
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
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115 115
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Table 4.5. All Administrative and J
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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 and 178: 2. As the result of the reexaminati
Page 179 and 180: effectiveness of the location of th
Page 181 and 182: located in between the Mithatpa a R
Page 183: purposes, which is the demand of th
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
Page 229 and 230: demolition decisions are under the
Page 231 and 232: Explanation of Terms Used in Thesis
Page 233 and 234: APPENDIX E All Collected Data Inclu
Page 235 and 236:
Conference Papers and Seminar Prese
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