a critical evaluation on the concept of justice in planning process

Juridical Courts
Criminal Courts of First Instance; actions proceeded in these courts generally include the
nullifications for sealing procedures of work-sites done by regarding municipality.
Civil Courts of First Instance; actions in these courts usually brought for demands of
declarations, changes in land registers; declaration of tenure rights and change of land
registrations (particularly, private persons request land registrations to be conveyed upon
themselves concerning public lands that have been used more than 50 years by themselves.
Actions are brought by private persons and generally rejected and results in favor of the
regarding government office. In Narlıdere case, there are so many actions in parcel no.1972,
where squatter prevention and mass housing areas exist), declaration of land value (includes
cases like value declarations of the lands that (yoldan ihdas edilmi ) according to Article No.17
of Development Act No.3194), demands of expropriation value changes and actions about
compensation of municipal personnel.
Commercial Court of First Instance; action for appraisement. (actions for appraisement &
determination of the lands for Narbel A. . and compensation payments for damages on
advertisement panel).
Courts of Enforcement; actions concerning the credits of private persons and/or institutions
from the municipality or credits of municipalities from the private persons and/or institutions.
Labor Courts; include the actions regarding actions for damages and the credits of the
personnel.
Civil Courts of Peace; actions proceeded in these courts are about; partition actions on
properties (especially subjects like; nullifications of shares formed after development plan
implementations, partition actions by sale), declaration of rent values of municipal properties
and their annulments, determination reports (for instance, a municipality gives necessary permit
for a building on the area under its liability; the damage or the interference of the regarding
building to environment and near plots are declared in those reports), nullification of decisions
according to the Act No.6570-Article No.7/4, annulments of interference, determination and
credits.
Criminal Courts of Peace; actions of nullity concerning administrative penalties fined due to
(Yapı Tatil Zaptları) according to the Development Act No.3194/Article No.42. Demolition
decisions according to the Development Act No.3194/Article No.32 were being proceeded in
Administrative Courts while applications of Article No.42 were being proceeded in criminal
courts of Peace. Due to the difference of the decisions of these two courts, these actions have
been under the liability of administrative Courts since 2001. (Regarding decision will be
discussed later with exact date and statement.) Concerning the two decisions of municipal
committee according to (Yapı Tatil Zaptları) of regarding Construction Control Department for
the same building block, plot and map; penalties are decided by the Criminal Court of Peace and
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