The quarrel road:
Residents of Ramat Motza submitted to the Jerusalem District Court a request for contempt of court against Netivei Israel and the National Infrastructure Committee (WTL) regarding the construction of the new entrance road to Jerusalem. .
Road 16 is a huge project at the entrance to Jerusalem, which includes a tunnel, a bridge and a massive interchange that are being built tens of meters from the Ramat Motza settlement.
The project, which is in the midst of construction, is a serious noise and pollution hazard and upon completion, the residents claim that it is expected to severely damage the quality of life and the value of the assets of the residents of the settlement.
The residents claim through Adv. Vered Mairovich-Sage that although an expert opinion submitted by the Hotal submitted to the court states that the acoustic appendix on which the detailed planning for Highway 16 was made is partial and missing, the Hotal and Netivei Israel despise the court.
According to them, Netivei Israel refuses to complete the tests required by the Hotal expert in order to decide whether acoustic protection is required for the neighborhood, and the Hotal allows it to continue working in the neighborhood with great vigor without imposing a sanction on it.
In 2020, the residents filed an administrative petition in the Jerusalem District Court against Hotal, Netivei Israel and other parties, claiming that the acoustic opinion according to which the detailed planning of Road 16 was carried out, and based on that it was decided not to build an acoustic wall between the project and the neighborhood, was incorrect, damaged and missing. .
In February 2021, the court ordered Lutal and Netivei Israel to provide the residents of Ramat Motza with reasoned results regarding the question of protecting the neighborhood within 90 days from the date of the ruling. That is, until May 30, 2121. The acoustic submitted is partial and incomplete, however in stark contrast to the judgment, the tests were not performed and the conclusions regarding the origin level section were not obtained.
In addition, in his response to the court, Hotal announced that the inspections will also not be carried out in the near future due to legal issues between Hotal and Netivei Israel.
Advocate Vered Meirovich-Sage, representing the residents, argued in the application to the court that "for over two years the applicants have been investing their best time and money to get a basic answer to an important and essential question for their lives regarding the protection of their neighborhood.
The applicants did not imagine that in the face of the state's huge investment in a national project, it (through its institutions) would find great rigidity and 'solid' opacity to the petty and basic request of the small citizen.
"The conduct of the planning institutions proves to the residents of the neighborhood, time and time again, that their voices are not heard, that they are 'transparent' and that the state sees them as a 'nuisance' on the way to the realization of the national project."
Judge Dana Cohen-Lekach wrote in a decision made on 13.1.2022 that "the displeasure expressed in the petitioners' response is clear to me", but gave time to LOTL and Ayalon Highways to complete the references by 10.2.2022, before deciding on the request for contempt of court.
Last weekend, they submitted new references, but no decision has yet been made and the judge demanded further clarifications from them before granting residents the right to respond.
It was learned that the expert advisor on behalf of the Ministry of Environmental Protection submitted his opinion to the superior court that there was no material defect in the detailed planning of the project and the few that the company was required to amend and amended.
Netivei Israel stated: "
First of all, it will be clarified that Netivei Israel has acted and is acting in accordance with all laws. A change of purpose long after the approval of the Botal project, and hence the company is not required to protect them. "
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