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The court hears the Shas petition for the opening of the Hasi River;
Judge: "Proposes to withdraw the petition"
MK Arbel and his party sought to order Kibbutz Nir David to open the access roads to the river, on an issue that provoked a public outcry. Enjoy nature "
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Hassi River
Nir David
the valley of Springs
Yoav Itiel
Monday, 08 February 2021, 12:46
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In the video: Shas petitions to open Nahal Hasi immediately (Walla! NEWS system)
The Haifa District Court today (Monday) heard the petition of MK Moshe Arbel and his Shas party, ordering Kibbutz Nir David to open the access roads to Nahal Hasi in its territory.
MK Arbel came to court, for the first hearing in a petition filed in September 2020, and he represents the position of his party that supports the full opening of the river to the public. "The Shas movement that has engraved distributive justice on its banner will do everything to allow the public to enjoy its natural resources." Said before the hearing.
The public struggle over the Hasi River reached its peak last summer, and is led mainly by young people from the Beit She'an area.
Before the outbreak of the corona in Israel, during the summer, there were weekly demonstrations at the entrance to Nir David that sometimes escalated into violence.
Attempts have been made from time to time to reach a compromise settlement between representatives of the kibbutz, the Emek HaMa'ainot Regional Council, the "Nature belongs to the public" group and the mayor of Beit She'an.
Attempts failed and the struggle continued.
Later, Shas petitioned to open the stream, along with an interim order requiring the gates of the kibbutz to be opened before the parties sit down to discuss a compromise. The order was rejected and the kibbutz remained closed.
The petition was filed against Kibbutz Nir David and its security company Attorney General. Northern District Attorney (Civil), Adv. Eitan Lederer, representing the Attorney General, argued on behalf of the state that this is a civil-property dispute. According to him, the matter concerns the use and possession of real estate that is not a decision of a body or authority that can be appealed against. In an administrative proceeding and we must conduct, if at all, another proceeding.
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The struggle continues.
The banks of the Hasi River (Photo: Ziv Reinstein, Ziv Reinstein)
He noted that a civil proceeding in the matter has already been conducted in 2015 and two more such are being clarified in the courts now.
He sought to delete it from the petition and alternatively to dismiss the petition in the absence of authority and due to a delay in its filing.
In any case, the state admits that this is a "complex, multifaceted and sensitive issue, which to our understanding the legal treatment of it requires determination but also a balance between different interests."
The state believes that it is necessary to ensure free access to the stream on the one hand, and it is necessary to allow the residents of the kibbutz to maintain an adequate routine of life on the other hand.
This, even if access to the river requires crossing the kibbutz's plot areas, but while maintaining their personal safety and privacy.
The court hears his petition for the first time. MK Arbel (Photo: PR, Yishai Cohen)
Therefore, the State believes that the manner in which access will be possible should be promoted through an appropriate planning arrangement.
It was agreed that the kibbutz would promote an access arrangement to the creek, but Deputy Attorney General Adv. Erez Kaminitz has already stated that "there is a significant difficulty in the kibbutz's management which - on the one hand - completely prevents public access to the creek and on the other - The planning alternative which will regulate this approach.
"We believe that this conduct cannot take time and that a sustainable solution should be promoted as soon as possible. We also intend to schedule a meeting on the matter in the near future together with representatives of the kibbutz, and the other parties involved," Kaminitz wrote.
The regional council also believes that it should be exempted from this petition.
"Turn the petition upside down and you will not find a single decision attributed to the council, in any matter," she told the court in her response to the petition.
"It remains to be seen where the inclusion of the petition council is intended to add an 'administrative touch' to the petition and paint it as such."
The council also refers to a class action lawsuit filed against the kibbutz last June, which is being clarified in the Tel Aviv District Court.
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