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The court ruled in the fight against Hasi: the needs of the residents and the petitioners must be balanced

The district court judge ordered that a planning compromise settlement be formulated in the disputed stream.

In its decision, it recognized the public's right of access to the stream, along with the rights of the residents of Kibbutz Nir David, which was established by law and without any objection.

Until then, an access arrangement to the Green Beach will be held on the western side of the kibbutz in accordance with the outline of the State Attorney's Office

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• Hassi River

• Nir David

Yoav Itiel

Thursday, August 26, 2021, 1:11 p.m.

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The Haifa District Court decided today (Thursday) in the case of Nahal Hassi not to accept the petitioners' demand as part of the struggle for the full liberation of the estate, and ordered that a planning compromise settlement be formulated.

The court ruled that on the one hand, Hasi and its banks are public lands, "intended for the public benefit" and that the general public has a right of access to it and on the other hand recognized the rights of Kibbutz Nir David, which was built according to lawfully approved plans without objection.

Judge Tamar Sharon Netanel ruled that in the circumstances that had arisen and developed in the field for decades, "the right of access cannot be exercised without determining the right balances between the rights and without a planning arrangement."

It entrusts the responsibility for planning to the state, within a year and a half, and stressed "a compromise arrangement, aimed at balancing conflicting rights, or regulating an outline that will bring about a balance between rights, is not illegal."

The court decided not to accept the petitioners' demand in full.

Nahal Hasi (Photo: Yaniv Khalif, unknown)

Until then, in the interim period, an access arrangement to the Green Beach will be held on the western side of the kibbutz, within its limits, as formulated by the Northern (Civil) District Attorney Eitan Lederer, and the court welcomes it. At the same time, the "Nahal Amal Kedum" program, on the eastern side of the kibbutz, will be promoted, with the goal of developing an area for recreation and bathing in the Hasi channel, and arranging a vacation spot in nature, for the general public.

The planning will be carried out in practice by the Israel Land Authority. The judge notes that the formation of an order is the role of the state and not of the court, which is not authorized to decide in the place of the state, but only to examine its decisions and can not do so, on this complex issue, before examining all aspects, factual and professional. "The administrative court does not have a super-planner, it is not its job and it does not even have the necessary tools to do so," she ruled. "This is the role of the state and the appropriate authorities."

Kibbutz Nir David welcomed the decision.

"Kibbutz Nir David will continue to comply with the provisions of the law," they said.

"We call on the Shas movement, which was among the petitioners, and on the entire public to accept the court's ruling."

More on Walla!

The open wound revealed by the Hassi affair necessitates a decision, not a compromise

To the full article

More on Walla!

• Petitioners for the opening of the Hasi River refuse to compromise: "The arrangement is against the law"

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• Saving from the first moment: How to start saving in four simple steps

Satisfaction was also recorded among the petitioners.

Demonstrators on access to Nahal Hasi, last year (Photo: screenshot, C)

Satisfaction was also recorded among the petitioners. "This morning, too, we corrected a social injustice," said Shas chairman Aryeh Deri. "The court complied with our demand - Nahal Hassi will be open to all Israeli citizens. The Shas movement proved once again today that the struggle for social justice is a way of life and not an election slogan. Congratulates the members of the struggle for the liberation of Nahal Hasi and MK Adv. Moshe Arbel on the path, perseverance and striving for true equality. "

Petitioner MK Moshe Arbel (Shas):" Today, history was recorded in the State of Israel. The court explicitly ruled that blocking access to the creek and its banks is illegal. Violence against Beit She'an residents and Israeli citizens through security companies will cease. And the Shas movement has proved once again today that distributive justice is not just a slogan but a real way of life. I thank the chairman of Shas, Rabbi Aryeh Deri, for the inspiration and backing, and the lawyers Israel Bach, Eliezer Rodin and Tom Doron, for their hard and thorough legal work. "

The assassin said: "This is a happy and exciting day. After a stubborn public struggle of about two years, the court decision today finally recognizes the public's right to the public resource and understands that it is impossible for a small group of about 300 households to hold a key to public property. The state will take responsibility and ensure free access to the creek along its entire length, without fences or barriers, as well as promoting the park at the end of the kibbutz. That it is carried out in accordance with the law. "

Advocate Israel Bach, the spokesman for the Shas movement, said: "Today, an important and historic rule was established by the district court that will end the abuse of capital by the kibbutzim and their control over public natural resources.I am happy with the decision and my client, the Shas movement, has certainly demonstrated an impressive and steadfast stand on the rights of the segregated and weakened public and is used here in the legal arena as well. "

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