Conflicts between the rules and regulations of the integrated detailed plan of Tehran and private property rights from an institutionalist perspective

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Conflicts between the rules and regulations of the integrated detailed plan of Tehran and private property rights from an institutionalist perspective. Journal title 2024; 29 (92)
URL: http://journalabadi.ir/article-1-52-en.html

Conflicts between the rules and regulations of the integrated detailed plan of Tehran and private property rights from an institutionalist perspective

Abstract: (7 Views)

Urban development plans, as administrative regulations and technical rules, have different legal effects and create rights, duties, benefits and restrictions for people and executive bodies, and therefore, it is necessary to be in the framework of the legal system of the country and in accordance with the requirements of Sharia, the constitution and the normal laws above. Examining the conformity or contradiction of the provisions of these plans with the aforementioned requirements requires the analysis and pathology of the provisions of the comprehensive and detailed plans from the legal point of view. In this regard, in this article, the detailed plan of the city of Tehran, which was approved by the Supreme Council of Urban Planning and Architecture of Iran in 2013 and has been accompanied by reforms in the following years, in terms of the limitation and deprivation of private property rights in six axes, including development reserve and renovation lands, lands separation, fixed land uses, entering the city borders, roads, gardens and agricultural lands have been subjected to legal analysis and the results of the investigations show that in the three axes of lands separation, entering the city borders, gardens and agricultural lands, the provisions of the aforementioned plans are in accordance with Sharia requirements, the constitution and normal laws, but there are discrepancies with the aforementioned requirements in the rules provisions of this plans in the three axes of development reserve and renovation lands, fixed land uses and roads.

Keywords: Detailed plan, Property, Private Property Institution, Property right, Constitution

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Type of Study: Research | Subject: General
Received: 2024/07/3 | Accepted: 2024/11/18 | Published: 2024/12/21

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