a critical evaluation on the concept of justice in planning process

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with the payment of compensations (Decision No: 2001/1096). Compensations were paid by Mayoralty according to the decision taken by the local court; however there was an objection application to Supreme Court of Appeals regarding this case. Because of limiting the research by the year 2003, after this date process has been pursued according to data obtained from newspapers. According to those data, it is known that, through October 2004 the case was returned to local court by the Supreme Court of Appeals and it was transferred to administrative court with the “decision of nonjurisoliction” by the local court. At the end of this procedure, although the case was not concluded in administrative court, Mayoralty of Narlıdere has started the transactions in order to recover the compensation paid to the plaintiff 83 . Basis of the case, brought because of not taking necessary security precautions in the constructions of Narbel houses in 2 nd nönü quarter in Narlıdere settlement, depends on the negligence of the authorities and nonrealization of necessary control. 2. Second case; This action was brought by a family upon the death of their child because of touching the electric cables in their balcony of an apartment house in Akasya Street, Onur quarter, in Municipality of Balçova. Plaintiff family brought an action of compensation for pecuniary loss and mental anguish in zmir Administrative Court (e.no:2002/1134) against TEDA (Turkish Electricity Distribution Co.) and Mayoralty of Balçova. Because of limiting the study by the year 2003, there is not any data about the conclusion of the court. However, it is observed that, there is the problem of authority, task and liability between the two defendants; Municipality of Balçova and TEDA . Both of these two institutions have stated that the subject of case has not been included in their task field. Another important point through these statements is; touching electric cables was the 9 year old child’s own fault and the authority can not be responsible of that event. 3. Third case; This is the action proceeded in administrative court with the demand of damage payment occurred because of the fall of a tree near the road (e.no:1994/2284). In this case, Mayoralty of Narlıdere as the plaintiff part has started in his petition submitted to the court that, their tasks/liabilities do not include this subject. In addition, it has been stated that, subject of the court is under the Responsibilities of Branch Directorate of Highways. As a result, action has been concluded in favour of plaintiff 83 Newspaper “Radikal” dated Oct 13, 2004 WEB-14 and WEB-15 176
party because documents in court file were unsatisfactory and research could not be examined in detail. 4. Fourth case; These actions were brought in order to compensate the damages caused by Narkent constructions and determination of those damages. These actions are discussed under “determination actions” title. In these actions, determination of the damages in environment and removal of these damages have been demanded. The action proceeded in the Civil Court of Peace (e.no:1996/1706), in order to determine the damages in environment caused by the Constructions of Narkent Housing Cooperative and Municipality of Narlıdere, is an example for those actions. It is known that, determination procedure has been realized by the court, however the conclusion is not known because of inaccessibility to the data and documents in court file details. These four actions, as different from the other actions, emphasize the lack of control of the authorized bodies in their interferences on urban space and the risk of living occured as a result of lack of control on urban space. In greater scale, another example for control, task and authority problem outside the spatial (physical) boundaries of this study is the action brought by a person whose relatives died in the earthquake on August 1999 84 . In preliminary stage of this action, applications were realized to Municipality of Yalova, Ministry of the Interior and Prime-Ministry. In these applications and in the court file; improved lands, development conditions of these lands, planning authorities and approval of plans, implementations, licenses, authorities, tasks and responsibilities in each stage were explained in detail. As a result of these explanations, plaintiff party has stated that “there was negligence and abuse of tasks by improving the land which should not be improved permitting development on this land and arranging construction license on this land”. The answers from these applications are as follows: Municipal Council of Yalova Municipality has stated that there was not any administrative fault of their institution; in the response to the petition; Prime-Ministry expressed that, mentioned application would be transferred to the concerning authority. Ministry of Interior and General Directorate of Local Authorities stated that their institution did not have any service fault legally, related local authority, not the Ministry, had the task and responsibility to make and approve development plans, to give construction license and permission certificate according to the Acts No. 3030, 1580, 3194. 84 All data concerning this case were obtained from the internet page;WEB-16 177
Page 1 and 2:
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
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115 115
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Table 4.5. All Administrative and J
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119 119
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121 Table: 4.8. Administrative and
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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 and 184: purposes, which is the demand of th
Page 185 and 186: no: 97-98-99 on building block no.6
Page 187: lands belong to the Treasury”. On
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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