a critical evaluation on the concept of justice in planning process

can be categorized as; 965 spatial cases (79.49 %), 250 (20.58 %) cases categorized as
others.
These data are important in indicating the level of conflicts that emerge in
spatial situations. Distribution of total 965 cases about the spatial conflicts from the
viewpoint of plaintiffs are: 811 private (84.04 %), 63 official institutions (6.53), 57
firms (5.91), 19 zmir Chamber of Commerce (Ticaret Odası) (1.97 %), 12 cooperatives
(most of them building cooperatives), one foundation (0.10 %), one TMMOB General
Directorate of Chamber of Architecture (0.10 %), one apartment building management
(0.10 %). Since the objections about the spatial interventions and plaintiffs are mostly
the building cooperatives and persons it can be concluded that the interventions on the
ownership rights in urban space are subjects to these cases.
Distribution of the cases as being Administrative/Judical are; cases proceeded in
Tax and Administartive courts (818) are more than the ones proceeded in Civil Court of
First Instance, Criminal Court of Peace and other courts (397). In these two settlements
with a total population 120 thousand, when the number of actions proceeded about
spatial problems between the years 1992-2003 are evaluated, the levels and intensity of
the decisions and interventions produced on urban land and conflicts reflected on courts
can be understood. These areas which take place on the western axis of the city and
seem as if they were separated from the whole of city with municipality borders are in
fact the continuing parts of the greater city. Decisions taken for the municipality of
county also affect the greater city of zmir. Contrarily, it is very interesting that most of
the actions proceeded about the decisions taken for the area constitute of the ones living
within county municipality borders, owners of properties and the ones affected from the
applications.
In the actions proceeded about urban space and planning it is necessary to
consider these actions with an <strong>evaluation</strong> that protects the rights of settlers living at that
place and the rights of future generations and that balance these rights. In other words,
results reached by the actions/conflicts also mean to take decisions for future
generations as well as generations of today. In this sense, it seems necessary to make
new arrangements by considering that spatial actions on urban place target to provide
justice among generations.
Planning decisions and interventions on urban space determine not only the land
use types of the area but also the level and form of relations between human being and
nature and between human and human. In this context, both the planning decision and
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