The Legal Forum for the Land of Israel
Success for Green Now in the Regional Planning and Building Committee In Jerusalem
Following a two year legal battle between “Green Now” and “Betzedek” against the Regional ?Planning and Building Committee of Jerusalem and several neighborhood representatives of ?East Jerusalem a significant breakthrough has been reached.?
As we have discussed in previous updates, the issue of illegal building all over Israel in general, ?and in Jerusalem in particular, is a major one which has not been fully addressed and resolved. ?Illegal construction has been going on for many years, causing ecological damage, disrupting ?public life in these areas , and most importantly, in complete disregard for the law. When the ?Legal Forum realized that there are so many environmental issues where action needed to be ?taken, they established “Green Now”, a sub-organization” whose sole purpose is to handle ?ecological and environmental matters. ?
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Green Now and Betzedek petitioned the court demanding that the Committee enforce ?its authority and ensure that the demolition orders are imposed as required by law. ?The Planning Committee claimed that it was not under their jurisdiction to enforce the law, and ?was supported by the State Attorney. ?
The other defendants claimed that there is no justification for them to actually enforce the ?demolition orders, while hundreds of other structures also facing demolition orders were not ?destroyed. ?
Furthermore, the defendants claimed that the first step was to determine the criteria and ?priorities for demolition orders imposed on the Planning Committee and only then, would be ?possible to impose the orders on a specific structure, if it is found to be justified.?
?In its verdict, the Court ruled that the Planning Committee does in fact have the ?authority to impose demolition orders as required by law and is required to enforce the orders, ?subject to being presented with factual evidence of illegal construction.?
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?Illegal Arab Building in Jerusalem?
Green Now and Betzedek collaborated on this issue, each organization providing its experience ?and expertise in order to address this issue which has not been addressed before by any other ?organization to this extent.?
This verdict is a significant success for Green Now and Betzedek, who acted in order to ensure ?sound government and that the relevant authorities enforce their jurisdiction order to prevent ?the continued disregard of the law and implement the demolition orders.?
Furthermore, the court ruled in favor of the plaintiffs and ordered the defendants to pay court ?costs to the plaintiffs in the amount of 20,000 NIS, claiming that by not responding to the claims ?as they should have, they had brought this petition on themselves by violating the law, building ?without permission, and violating judicial orders.?
This verdict is an example of how cooperation between different organizations can achieve a ?great success and how it is absolutely necessary to continue to act to protect the human rights ?of the citizens of the state of Israel. In order to do so the first step is to ensure sound ?government and that the relevant authorities enforce their authority whenever and wherever ?necessary.?
An article regarding this issue was published in Maariv (article is in Hebrew) and describes the ?success of Green Now and Btzedek. ?
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December 21, 2012?
Success for Green Now in the Regional Planning and ?
Building Committee In Jerusalem
Following a two year legal battle between “Green Now” and “Betzedek” against the Regional ?Planning and Building Committee of Jerusalem and several neighborhood representatives of ?East Jerusalem a significant breakthrough has been reached.?
As we have discussed in previous updates, the issue of illegal building all over Israel in general, ?and in Jerusalem in particular, is a major one which has not been fully addressed and resolved. ?Illegal construction has been going on for many years, causing ecological damage, disrupting ?public life in these areas , and most importantly, in complete disregard for the law.?
Green Now and Betzedek petitioned the court demanding that the Committee enforce its ?authority and ensure that the demolition orders are imposed as required by law. The Planning ?Committee claimed that it was not under their jurisdiction to enforce the law, and was ?supported by the State Attorney. ?
The other defendants claimed that there is no justification for them to actually enforce the ?demolition orders, while hundreds of other structures also facing demolition orders were not ?destroyed. ?
Furthermore, the defendants claimed that the first step was to determine the criteria and ?priorities for demolition orders imposed on the Planning Committee and only then, would be ?possible to impose the orders on a specific structure, if it is found to be justified.?
In its verdict, the Court ruled that the Planning Committee does in fact have the authority to ?impose demolition orders as required by law and is required to enforce the orders, subject to ?being presented with factual evidence of illegal construction.?
Green Now and Betzedek collaborated on this issue, each organization providing its experience ?and expertise in order to address this issue which has not been addressed before by any other ?organization to this extent.?
This verdict is a significant success for Green Now and Betzedek, who acted in order to ensure ?sound government and that the relevant authorities enforce their jurisdiction order to prevent ?the continued disregard of the law and implement the demolition orders.?
Furthermore, the court ruled in favor of the plaintiffs and ordered the defendants to pay court ?costs to the plaintiffs in the amount of 20,000 NIS, claiming that by not responding to the claims ?as they should have, they had brought this petition on themselves by violating the law, building ?without permission, and violating judicial orders.?
This verdict is an example of how cooperation between different organizations can achieve a ?great success and how it is absolutely necessary to continue to act to protect the human rights ?of the citizens of the state of Israel. In order to do so the first step is to ensure sound ?government and that the relevant authorities enforce their authority whenever and wherever ?necessary.
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the phoenix Said:
But who would implement your approach, the GOI? Successive GOI’s have already rejected your approach, what will change that now, in urgency? I doubt that the election will put in those “right” enough to change the current course. If not the GOI, that would leave individual citizens or special interest groups or institutions who could only implement your approach by compelling the GOI to action by using the law or by action outside of the Law. As for actions outside of the law we have seen that already with evictions, protests, etc. Someone must begin and continue action and its unlikely to be the GOI without some external pressure. The only other way a minority can achieve success in compelling a govt is the same way this article demonstrates.
@ Bernard Ross:
Agreed, mr. Ross, BUT, I do not think that time is on ‘our side’ to institute a polite, civil, suit…
This GOI locomotive seems determined to ram through any such ‘inconveniences’ that might arise (case in point – the levy report… Nu, what has become of it?)
For whatever criminal / pathological reasons, this GOI is also determined to give the musloids a state as espoused by the big talker bibi. And in order to do that, it seems equally determined to uproot Jews from their homes and trees from the land!!
It is with this sense of urgency that I am and have advocated a 2×4 approach.
Anything else, at this juncture, will be ineffectual and ignored.
Michael Dar Said:
I agree, but why expect it of the UN if you cant expect it of the GOI? If the GOI fulfilled the obligation to settle then everyone else would be irrelevant. The GOI is the prime problem and, as in this case, they should be the target of the first suit.
In the time of the british mandate all persons who was Palestinians were all jews. The arab grooup was invented
in 1964 at the arab sumit. They shoud be a wepond against Israel.
Exactly Mr. Ross! Which seem never to be tired of being right all the time! Anyway, the UN must be made to stick to the letter to their own legal obligations and live up to the UN’s legally binding covenant in which they must live up to the League of Nations’ previous decisions, provisions and rulings. The Jews and Israel by extension have the historic, moral, spiritual and indeed legal right on every part of the land some by ignorance, deceit or malice call Palestine. If any progress has to be made for peace it must be cleansed from all the misconceptions, frauds, falsifications,political manipulations and deceit..
This appears to be the application of the principle of Mandamus which seeks to compel the govt to fulfill its responsibility and execute the Law I would like to see the suit demanding that GOI fulfill its responsibility under international & Israeli law regarding “encouraging jewish settlement west of the Jordan River”.