Mizrah Ha'ir Hadera/Walla! system, Liad and Knish
As was published yesterday for the first time in Vala, the municipality of Hadera appealed to the High Court in recent days with a request to issue an injunction to postpone the discussion on the city's expansion plan, scheduled for today (January 31). According to her, the important discussion was forced on her at an inopportune time by the Ministry of Finance, since it takes place in less than a month days before the elections to the local authorities (on February 27).
The petitioners from the municipality claim that the current schedule does not allow them sufficient preparation time, and moreover, the discussion on the program on the eve of the elections to the local authorities goes against the established guidelines, and even "raises a fear of interference in the election procedures for the mayor and the council The municipality, while forcing a discussion on a fateful plan that is in public dispute."
This is a huge plan (Tamil 3002) that is supposed to increase the city by building 6,900 housing units on an area of 1,580 dunams, mostly agricultural land, in Beit Eliezer in the city.
The plan is an incarnation of a plan that has been promoted by the National Committee for the Planning and Construction of Preferred Complexes (Hotmal) since 2016, which has also received a lot of opposition from the municipality of Hadera.
Claiming the lack of an opportunity to properly engage in the discussion, the petitioners argued that holding the discussion during this period constitutes a disregard for their rights to consult and participate in the planning process. They cite instructions from the Ministry of the Interior and the Chairman of the National Council, which advise the local authorities to act conservatively during the election period, especially on controversial public issues.
In addition, the petitioners refer to the provisions of the law established to promote construction in preferred areas and claim that the current circumstances are not compatible with these guidelines.
The municipality's claims were rejected outright - the hearing will take place
Despite the municipality's claims, Judge G. Kanafi-Steinitz quickly rejected the petition.
The judge stated a well-established principle according to which courts should not interfere in ongoing planning procedures that have not reached their end.
Only in exceptional circumstances should one deviate from this rule, and the petitioners failed to prove such circumstances in their argument.
The judge emphasized that the petitioners must address their concerns through the appropriate channels within the planning institution, where they have the opportunity to raise their planning claims and other related claims.
The court's ruling emphasizes the importance of allowing planning processes to proceed before resorting to judicial intervention.
As a result, Hadera's municipality's demand to postpone the discussion was rejected outright and the important discussion will take place as planned today (Wednesday, January 31).
Also, due to the urgent nature of the petition, the municipality was ordered to pay court costs of NIS 10,000.
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