a critical evaluation on the concept of justice in planning process

eport among legal regulations enacted in 1998 and the institutions formed by these
regulations the ones about planning were collected. Between the years 1998-2004 new
laws were added to these legal and institutional regulations basing on national, regional
and local levels and a few is on the list to be enacted. Starting with 1998 arguments
about the constitution of a new ministry Urbanization and Housing Ministry were made
but no development occurred till today. Likewise instead of works about defining
integral administrative processes about urbanization increasing complications are seeing
with the legal changes everyday. In the project formed at the end of meetings on
“Development and Urbanization Law Project” which is organized for forming policies
about integral planning and urban policies by the same ministry, no improvement can be
seen 40 . In this context firstly the legal regulations about the realization of a healthy
environment and housing rights and housing policies of some of the institutions formed
by basing on these regulations are discussed.
3.2.1. The Housing Development Administration and Mass Housing
Law
In the articles 56 and 57 of the Constitution, housing, healthy environment,
social and economic rights and freedoms are stated and it is accepted that it is the duty
of the state to realize them. This, in a way, means that the state should develop policies
about these subjects and should put interventions that meet the requirements of the
groups who are in need. When housing is regarded as a need, there are two groups
which meet these needs. Kele , considers the first group as the ones who can need their
housing needs within the free market conditions by their own financial resources. This
group can buy house from free market or pay the rents of houses. Second group consists
of ones who can not live in an appropriate house with their financial resources. The
support of the state and other public institutions is needed for meeting the needs of this
group. State undertakes duties in meeting the need of housing with the development of
welfare state practices and progressive polices. In the article 49 paragraph 2 of the 1961
Constitution it is stated that “State shall take precautions in meeting the needs of a
healthy housing conditions for poor or low-income families”. However there is no
article in 1982 Constitution especially about the poor or low-income families.
40 For the preliminary studies see WER-6; for detailed data of meeting held by the ministry see WEB-7
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