a critical evaluation on the concept of justice in planning process

entities relevant ministry, board of aldermen, municipality committee, Province
Committee, Province Administration Commission in expropriation for state interest,
administrative committees, for expropriation in more than one village and municipality
within the same county, County Administration, Province Administration Commission
for expropriations in villages and municipalities connected to more than one country
within provincial boundaries, Council of Ministries for expropriations of more than one
public entity connected to different provinces, Council of Ministers for expropriations
done for state interests within the boundaries of more than one province; administrative
committee or institution committee for expropriations done for public institutions; if
they do not exist authorized administrative organs; for expropriations done for real
persons these people, for expropriations done for the interest of private entities
administrative committees or council of administrative offices, if not existing authorized
administrative organs, villages, municipalities, other local government unit or ministry
are entitled.
In article 6 of this law, people who have the authority to approve the “public
interest” decision are defined, and also it is stated that “for services that will be done
according to special plan and projects approved by the relevant ministries or according
to the approved development plan, there is no need to take decision of public interest or
approval of it” and is stated that expropriation process could be directly started by the
authorized application organ. In the approval of “public interest” decisions other than
these situations, the decision has to be approved by a superior office of the relevant
institution (article 6). It is also determined that public interest decisions taken by the
Ministries or Council of Ministries do not have to be approved once again.
According to the law, the owner of the expropriated real estate can commence a
suit in judicial courts against the price or financial errors and in administrative courts
against the expropriation process within thirty days after the proclamation.
3.2.5. Development Law No.3194 49
Development Law No.3194 which became valid in 1985 has the property of
being the most comprehensive law about urban planning and construction regulations in
49 In the <strong>evaluation</strong> of the law, laws published in computers are used. Sources: WEB-12 and WEB-13,
Besides Odyakmaz, 2001.
78