a critical evaluation on the concept of justice in planning process

5.3. Results of Field Survey
In the years 2003-2004 a survey was done in the archives of different
departments of Municipalities of Balçova and Narlıdere. During this survey files of
actions which were proceeded against these two municipalities between 1992 May 2003
were examined. As the result of this survey, 1215 actions among the actions proceeded
against the decisions taken by zmir No.1 Committee of Protection of Cultural and
Natural Heritage which take place within the boundaries of the municipality were taken
into consideration. Total number of actions within the boundaries of Municipality of
Balçova is 756. 565 of these actions are proceeded in Administrative Courts and 191
are in Juridical Courts. Total number of 459 actions were proceeded against
Municipality of Narlıdere which can be categorized as ; 257 Administrative, 194
Juridical, 8 others (unknown). The reason of the difference of 297 law cases between
two municipalities is that there were collective law cases proceeded against the spatial
interventions within the boundaries of Municipality of Balçova. While no annulment
action was proceeded within the boundaries of Municipality of Narlıdere about zmir-
Çe me Highway decision which comprises two municipalities, 180 annulment actions
were proceeded in Balçova against this decision. Likewise, although decisions no. 8050
and 8049 which were taken by zmir No.1 Committee of Protection of Cultural and
Natural Heritage comprise two municipalities, number of actions about the annulment
of this decision is 151 in Balçova and only two in Narlıdere. One of the plaintiffs of
these two actions is Municipality of Narlıdere and the other is a citizen who owns a
private property within the Municipality of Narlıdere. Municipality of Balçova on the
other hand was not a plaintiff in these cases. When studied from this viewpoint it can be
concluded that differentiation in number of actions in two settlements results from the
collective objections done by the settlers in Balçova.
In the second stage of the <strong>evaluation</strong>, actions are categorized according to their
spatial properties and according to the details in files. In the <strong>evaluation</strong> of these acts,
whether they have any procedure, intervention or decision properties targeting the
planning and space was considered. Another important point was the spatial effects of
this intervention on individuals, society and public organizations. As a result it is seen
that 965 actions take place under the titles space and planning. In other words, it can be
concluded that total number of 1215 actions of Municipalities of Balçova and Narlıdere
189