a critical evaluation on the concept of justice in planning process

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50-60 years or registration demands of the lands after municipality’s intervention, are the actions examined under this title. These actions mostly concern the areas in Narkent mass housing area, exist outside the boundary of Balçova settlement and belong to Ministries of Treasury, Forestry or Greater Municipality of zmir. Relinquishment Objections to relinquishment for road and (ihdas) procedures. For Road – ( hdas) Tax Real estate tax, entertainment tax, environmental tax and objections to land declarations of Municipal Discretion Commissions. Courts of Tax are the authorized courts for these actions. 214
APPENDIX B Examination of Actions Brought Between 1988-2003 in Narlıdere and Balçova Settlements, According to the Authorized Courts and Subjects of Actions Actions According to Courts: Researches of court files, registered in the Directorates of Law Affairs of Balçova and Narlıdere Municipalities, were concluded with 1215 files. Resource of the court files are based on the registrations of regarding institution, thus, research contents have been limited with those registrations. It means that, there can be further actions existing in these settlements, because both two municipalities were working as branch offices of the Municipality of Central County between the years 1980-1991. Therefore, data regarding that period are not healthy. In addition, although there has been Directorate of Law Affairs in Municipality of Balçova after 1991, it is established in Municipality of Narlıdere after 1999. Thus, there are some missing information in the court files belonging to the years 1988-1991 because of this institutionalization process. In order to make a generalization through all court files, actions have been examined separately under Administrative and Juridical topics. Juridical actions include; the Civil Court of First Instance, Criminal Court of First Instance, Labour Court, Court of Enforcement, Civil Court of Peace and Criminal Court of Peace. Administrative actions include; Administrative Courts and Court of Tax. Administrative actions comprise the proceedings that have the characteristic of “administrative activity” of the regarding authority. 85 Every kind of decision of the municipal council and municipal committee regarding the municipalities are examined by Administrative Courts. Actions concerning authorizations, tasks, responsibilities declared in the Development Act No. 3194, Expropriation Act No. 2947 and the acts numbered 1580 and 3030 regarding planning procedures are usually performed in those courts. Although Development Penalties, stated in the Development Act No. 3194/Article No.42, had been performed by Criminal Courts of Peace until 2001, Administrative Courts have been authorized to pursue these actions after that year. Number of actions in Administrative Courts is 822 and number of actions in Juridical Courts is 393 (8 actions exist in “others” category). (See Table:4.3 and Table: 4.4.) 85 Implementation plans exist as an arranging activity for the definition of legal and every kind of arranging decision and actions regarding implementation are proceeded in Administrative Courts. In a Central System before 1980, authorized institution was Council of State, however by the arrangements after 1980, Regional Administrative Courts were established and they have been declared as the authorized institution. Thus, Council of State has been stated as the authority of appeals. 215
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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
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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
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12. Narkent Includes the actions br
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Table 4. 9. Administrative and Juri
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Chamber of Architects) and 1 action
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4.3.1. Actions about Expropriation
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decision of zmir-Çe me Highway and
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In the claim of Municipality of Bal
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monetary/moral difficulties and los
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Table 4. 11. Actions of Nullity Pro
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which are defined in legal process,
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accepted the explanation of “havi
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Plans scaled 1/5000 that include Ma
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4. “Decision Amendment Demand”
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Table 4. 42. Distribution of Demoli
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children’s playgrounds, green zon
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shown as a work site in the impleme
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court decision will be in favor of
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7. Objection against the rejection
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Municipality has repealed its plans
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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 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: Personnel Actions for annulment of
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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