Supreme Court overturned the construction plan for 12,000 housing units in Tel Hashomer,
Posted on Dec 26, 2021 by Ifi Reporter - Dan Bielski
The Supreme Court overturned the construction plan for 12,000 housing units in Tel Hashomer, which was approved before the collection of information regarding pollution in the plan area was completed.
The judges ruled that there was a defect in the approval of the plan, as the collection of information was not completed before it was approved. They therefore ordered that the judgment of the district court approving the plan be set aside, and the case be returned to the district court for a hearing on the issue of relief, while having the required factual clarification and hearing the state's claims regarding relative nullity.
The decision of the Supreme Court was made thanks to an appeal filed by the organization Adam Teva VeDin, based on the precedent decision made by the Supreme Court in a similar case, in the case of Apollonia. It was also determined in an appeal by Adam Teva VeDin that the state is obliged to collect the complete information regarding the pollution at the beginning of the planning procedure and not after the plan has been approved.
The judges during the hearing before them last Thursday regarding the state's disregard of the Apollonia ruling ruled that the case would be returned to the district and the trial court would reconsider and apply the rule of conducting a land survey on the issue of pollution before approving plans.
Adam Teva VeDin was represented in the Supreme Court by the organization's legal counsel, Adv. Eli Ben-Ari and Adv. Bar Rozov. The organization stated that "this is another important ruling on the way to maintaining public health and for the purpose of implementing the state's obligation to provide complete information prior to its decisions."
The Adam Teva VeDin movement has been fighting for 6 years for the promotion of construction plans in Tel Hashomer, claiming that there is a real fear of soil and groundwater pollution and that tests and building plans must be completed.
Articles Archive
Top Categories
ABOUT IFI TODAY
Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum