TEL AVIV, June 28, 2010 (WAFA)- Palestinian residents of Ein Yabroud petitioned the Israeli High Court, assisted by human rights group Yesh Din, against the construction of a waste purification facility built illegally on their lands. On Sunday, the court ordered the State of Israel to explain why the demolition orders for the facility are not enforced.
The Israeli High Court issued, Sunday, an Order Nisi ordering the State of Israel to explain within 90 days why it is refraining from enforcing the demolition orders for the waste purification facility built illegally and without a building permit in the West Bank, on the outskirts of the settlement of Ofra, a press release by Yesh Din said.
In May 2009, Palestinian residents of the West Bank village of Ein Yabroud, petitioned the Israeli Court with the assistance of human rights group Yesh Din, asking the court to stop the construction of the facility, built illegally on their private lands.
In the hearing held Sunday, the three judges – Chief Justice Dorit Beinish, Justice Ayala Procaccia and Justice Hanan Meltzer – criticized the way the Israel is trying to approve the illegal construction of the facility, Yesh Din added.
Justice Procaccia asked whether the criteria for a retroactive approval of the facility are legal. 'I find it hard to believe this attempt will pass. We were seeking a legal solution, and not what is offered by the state now', said the judge, according to the press release.
Chief Justice Dorit Beinish was also critical of the state. 'Your technique is not unique. A demolition order has been issued, nothing happened, and in the end – other solutions are being sought. This has become a common tactic', she said.
The petitioners were represented by attorneys Michael Sfard, Shlomy Zachary and Avisar Lev of the Yesh Din legal team. After the hearing, said attorney Sfard: 'This case is an example of criminal cooperation between the settlers and the State. The State has added insult to injury by refusing to correct the situation after it was caught in the act. The settlement of Ofra is not above the law – and we will not rest until the stolen lands are returned to their rightful owners'.
Construction of the 37 dunam facility began in 2007. The construction spans 4 dunams above ground and 33 dunam under ground, including canals and pipes leading to and from the facility. It was built without permission of the owners and without building permits, in violation of the outline plan and by stealing private property. According to reports, the funding for the project, amounting to NIS 7.8 million, comes mostly from government budgets. The planning and promotion of the plans were also executed by government agencies. In the petition the residents presented pictures and proof that the sewage purification facility was being built on their private land. In November 2009, the land owners also filed a civil lawsuit asking for compensation from the State.
