a critical evaluation on the concept of justice in planning process

Kazgan considers this process seen in Turkey and its reflections on economic
field as “privatisation of public benefits, expropriation of private benefits. Support of
state on the banks and on private enterprises in which great number of firms take place
and save them from sinking is the expropriation of private benefit. In this sense public
pays the financial losses of private sector. Besides decreasing the risk of private sector
and forcing the public to pay their losses instead of the owners of those firms,
privatisation of public benefits are realised through decreasing the public
revenues/wealth and through transferring the opportunities which large masses benefit
from to few firms”.(Kazgan; 1999;213-281) 54
First of the concrete, effects of law no. 4046 on urban land is its decision taken
for the sail of public lands and realisation of sailing/privatisation procedures with this
decision. These practices, meaning transfer of public land to private ownership, increase
the problems of reservation of lands for urban facilities needed in the formation of a
healthy urban environment. It is stated by the urban planners that consumption of
existing public land stocks without forming integral and long form programs about the
need for technical-social facility areas and how this need will be met and about the long
term urban land needs, means to mortgage the future of the cities.(Özdemir; 2004;
500) 55 . In this sense, law no.4046 has a content which may cause privatisation of public
interest in all activities starting from macro scale to micro scale and from investment
decisions to the decisions about physical space.
Another effect of the law is, authorities defined in urban planning and the new
approach determined in planning. There is also a change on the article 9 of
Development Law no. 3194 as stated in the article 41 of law no.4046. This article gives
an opportunity of preparation of all kinds of plans on “the plots and lands taken into the
program of privatisation” by Directorate of Privatization and going into effect after the
approval of High Commission of Privatization. In the paragraph D of the article 19 of
this law it is stated that: “preparations about the division and joiner of the real properties
belonging to the corporations and the process required by these organisations are made
by administration, till the public share falls below 50% in the joint stock corporations
and till the transfer date of the others is reached as the result of privatisation
54 For discussion of the different direction of globalization and effects in Turkey See these sources;
Kazgan, 1999; Keyder;1993;2000; Güler,1998; Eraydın.
55 For a detail viewpoint about why public lands are necessary in urban space see Özdemir’s unpublished
PhD Thesis (1993); Tarık Okyay Anısına Makaleler (1991; 497-514); Chamher of City Planner’s
publishing “Özelle tirme ve Kamu Arazileri”1997.
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