a critical evaluation on the concept of justice in planning process

demolition decisions are under the responsibility of Administrative Courts. Activities in both
two actions are the same: Buildings without license, development against plans and their
annexes. However, in the researched court files, it has been seen that; Criminal Courts of Peace
decide the annulment of the penalty where Administrative Courts accepts the demolition
decisions because of their accordance with law and regulations. In order to remove these two
different decision processes, dating from 2001, Administrative Courts have been authorized for
the applications of the Development Act No.3194/Articles No.32 and 42.
Administrative Courts
Courts of Tax; Actions proceeded for real estate and entertainment taxes. 20 cases brought by
only one company (Özkanlar Ltd. ti.) consist of objections for entertainment taxes. The
number of objection actions are 19 that were brought by zmir Chamber of Commerce for the
land price list/unit m² approved by municipal council that real estate taxes are based on. These
actions usually conclude with acceptance, it means, price lists and excessive parts of
entertainment taxes are generally annulled. Other actions are proceeded by private persons for
the nullification of real estate/lot/land taxes.
Administrative Courts; Actions proceeded in zmir’s 1 st , 2 nd , 3 rd , 4 th Administrative Courts
like; demolition decisions according to the Development Act No.3194/Article No.32;
subdivision plans applied according to the Development Act No.3194/Article No.18;
development plans; plan alterations; expropriation decisions regarding development plans are
directly related to planning and its implementation processes. In addition to the actions related
to physical space, actions having “administrative activity” are also under the liability of these
courts.
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