a critical evaluation on the concept of justice in planning process

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1.4.2. Resources of Data In this study, influences of planning practice and judicial process on production of urban physical space are examined. In this process, in order to evaluate the differentiation in justice concept, necessary data have been obtained from the following resources; a. Balçova and Narlıdere Municipal Organizations – Directorates of Law Affairs Balçova and Narlıdere Municipal Organizations are determined as case studies and data regarding the actions causing conflict where these two municipalities are the parties were obtained from registration books and archives of their Directorates of Law Affairs. Firstly, data existed in registration books were generalized. In order to make a detailed examination, data regarding action process and action details were received from the court files existing in the archives of the directorate. Subjects and contents of the proceedings regarding planning process and spatial rights exhibited in judicial process were determined and categorized according to the subjects. During the detailed examination of court files, in addition to subjects of actions; claims of the parties on application petitions, claims of defense, <strong>evaluation</strong>s of expertise reports, decision of local court, appeals, demands of decision corrections and applications to Ministry of Justice have been studied in each court file separately. (Preliminary information before <strong>evaluation</strong> process are shown in App.: E Table: 1. “All Collected Data 4 Including Balçova and Narlıdere Settlements”.) b. zmir No.1 Committee of Protection of Cultural and Natural Heritage In addition to the data regarding the actions where related Municipal Mayoralty (Organization) is one party; actions concerning the decisions of Izmir’s No.1 Committee of Protection of Cultural and Natural Heritage inside the boundaries of these two settlements have also been included in research contents. Data of actions brought against the decisions of the committee were obtained from the archives of the committee. 4 Data of tables include the actions which mayoralties of related municipalities (Narlıdere and Balçova) are the parties and all Administrative and Juridical actions brought against zmir No.1 Committee of Protection of Cultural and Natural Heritage regarding their Decisions No:8050 and 8049 in 1999 and Decisions No:10168 and 10169 in 2003. Differentiations of Administrative and Juridical actions are shown in classified data section in App.:A and B. 12
c. Municipalities of Balçova and Narlıdere – Directorates of Public Improvements In order to determine the relationship with the planning process and physical space, data about plan decisions and current situation of the area of each related action were acquired from Directorates of Public Improvements, Planning Department and Technical Department of Municipalities. Cadastral data, including necessary information about maps, building blocks and plots of the area where the action takes place, have been obtained from the Municipality of Balçova, however, regarding systematic data couldn’t have been found in the Municipality of Narlıdere. d. Greater Municipality of zmir – Planning Department Systematic data concerning the planning studies in both two settlements couldn’t have been obtained from the related municipalities, thus, regarding data have been acquired from the archives of Planning Department of Greater Municipality of zmir. Furthermore, digitalized base maps regarding planning process and data about public services of settlements were also obtained from the Planning Department of Greater Municipality of Izmir. e. Land Use Study Determinations regarding existing situation, other than court file data, were obtained during land studies. Determinations about the areas causing action and spatial influences of action results depend on land use studies and observations in these areas. f. Interview with the Headmen of the Quarters Interviews can only be realized with the headmen of Bahçelerarası, nciraltı, Korutürk, E itim quarters inside the municipal boundaries of Balçova. During these interviews, data concerning study area, actions causing conflicts, development process and problems of the quarters were obtained. Because of the preparations of the quarters to local elections in Nov 2003 – March 2004, interviews cannot be realized with other headmen of the quarters. All of these data collection and archive studies above mentioned were concluded between Feb 2003 - Apr 2004. 13
Page 1 and 2: A CRITICAL EVALUATION ON THE CONCEP
Page 3 and 4: ACKNOWLEDGEMENTS I would like to th
Page 5 and 6: ÖZET Bu tez, Türkiye ehir planlam
Page 7 and 8: 2.3.2.The Attained Principles and R
Page 9 and 10: 4.3.3.Objections to Demolition Deci
Page 11 and 12: LIST OF TABLES Table Page Table 2.1
Page 13 and 14: 1.1. Aim of the Study CHAPTER 1 INT
Page 15 and 16: urban space. The considered aspects
Page 17 and 18: e revealed and defended. The practi
Page 19 and 20: questions, of which the answers are
Page 21 and 22: problems in legal process, effects
Page 23: taken in 1999 regarding the area in
Page 27 and 28: CHAPTER 2 THE FRAMEWORK OF JUSTICE
Page 29 and 30: concepts is the society’s structu
Page 31 and 32: c. how the procedures are explained
Page 33 and 34: society rather than the individual.
Page 35 and 36: economy approaches encounter. As a
Page 37 and 38: 25 Table 2. 1. The Main Emphasize o
Page 39 and 40: equal citizenship are taken as sett
Page 41 and 42: 2.3.2. The Attained Principles and
Page 43 and 44: 2. that the liberties shall be rest
Page 45 and 46: y Rousseau, Locke and Hobbes. Forma
Page 47 and 48: content “rule of law” is descri
Page 49 and 50: 2.4.3. Liberties and Rights in the
Page 51 and 52: Second Stage Rights and Liberties;
Page 53 and 54: sources new arrangements in economi
Page 55 and 56: ack to the limited contents of mini
Page 57 and 58: 2.5. Spatial Considerations Based o
Page 59 and 60: specific in its redistributive aims
Page 61 and 62: giving the heterogenous urban visio
Page 63 and 64: In this approach that is based on a
Page 65 and 66: social and economic rights and in t
Page 67 and 68: the state on public space and the c
Page 69 and 70: I. Part-In General Principles chapt
Page 71 and 72: Land ownership and its utilization
Page 73 and 74: egulations are done with Conservati
Page 75 and 76:
account; the efficient use of resou
Page 77 and 78:
of law and justice and preparing th
Page 79 and 80:
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
Page 121 and 122:
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
Page 133 and 134:
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
Page 169 and 170:
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
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with the scale of 1/1000 was put in
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2. As the result of the reexaminati
Page 179 and 180:
effectiveness of the location of th
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located in between the Mithatpa a R
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purposes, which is the demand of th
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no: 97-98-99 on building block no.6
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lands belong to the Treasury”. On
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party because documents in court fi
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decisions that are passed on the ba
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Figure 4. 6. Spatial Distribution o
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CHAPTER 5 CONCLUSION 5.1. General C
Page 197 and 198:
5.2. Results of the Transformation
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urban settlers by the urban physica
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5.3. Results of Field Survey In the
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also the legal and legitimacy proce
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etween Özdilek which carries a pri
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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 and 226:
Personnel Actions for annulment of
Page 227 and 228:
APPENDIX B Examination of Actions B
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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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