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The court canceled the demolition order: the right hand in the planning committee is not coordinated with the left hand - voila! Sentence

2022-11-30T05:51:49.461Z


The Court of Local Affairs in Tel Aviv annulled an administrative demolition order issued against a resident of the city, contrary to a compromise agreement that the Planning and Construction Committee signed with him


The court sharply criticized the committee on the grounds (Photo: ShutterStock)

The Court of Local Affairs in Tel Aviv recently annulled an administrative demolition order issued against a resident of the city, following construction work he carried out on his residence in Jaffa.

As part of the decision, the court severely criticized the local committee for planning and construction in Tel Aviv and pointed out serious flaws in issuing the order.



As part of the procedure, it turned out that the municipal employees who issued the order were not aware of a compromise agreement signed with the resident as part of an expropriation procedure that allowed him to carry out the construction, and for the purpose of its completion he even received financial compensation.

The court sharply criticized the committee on the grounds that the right hand is not coordinated with the left hand, according to attorney Oz Radie, who represented the resident.



A sequence of proceedings that ended in acquittal



The man (73) has lived since his childhood in an old house in Jaffa near Bloomfield Stadium.

His health is not good, and over the years he has "survived" several attempts to remove him from the property, with the local authority using all the means at its disposal.

For example, about a decade ago, the municipality tried to issue him a demolition order without conviction, but the order was canceled by the Local Affairs Court, among other reasons, on the grounds that the public interest does not outweigh the resident's personal interest.

Several years later, an indictment was filed against the man for building without a permit following a complaint filed against him by a relative, but this procedure also ended with the man's acquittal and the cancellation of all proceedings against him.



The current affair began about two years ago after the resident erected a partition wall between his residence and the street sidewalk.

A complaint submitted to the inspection department of the Tel Aviv Municipality led the committee's inspector to rush and issue an administrative demolition order after involving other officials on behalf of the committee.



The resident "stood on his hind legs" and submitted a request to cancel the order to the Local Affairs Court in Tel Aviv, through attorney Radie. In the request, the resident claimed that the order that was issued ignores a compromise agreement signed between the parties a few years before in the Tel Aviv District Court, under which the wall was built and that The procedure was carried out without consultation relating to the settlement agreement, a serious flaw that justifies the annulment of the order. On the



other hand, the local committee claimed that the resident is not the owner of the property and has not proven any connection to it, that the construction works require a permit and that consultation was lawfully held.

Severe criticism of the planning committee's conduct in the case



Judge Miri Hart-Ritz canceled the administrative demolition order, while severely criticizing the planning committee's conduct in the case.

First, the judge referred to the municipality's claim that the resident has no connection to the property, so he cannot, so to speak, request the cancellation of the demolition order.

In her decision, the judge stated that the very fact that significant proceedings have been conducted against the resident over the years and that a settlement agreement was even signed with him proves that the municipality recognized that the resident had a connection to the property.



Later, the judge referred to the testimony of the construction inspector in court and noted that he and the relevant parties in the committee did not know about the settlement agreement signed with the resident, by virtue of which he even received compensation intended for the construction of a partition wall with the expropriated area.

On the other hand, the judge expressed confidence in the testimony of the resident's witnesses.



The appraiser appointed to carry out the expropriation procedure testified that the construction conforms to the blueprint delimiting the expropriation area and in his visits to the property he did not see any problem in terms of carrying out the eviction procedure on the part of the resident.

The lawyer who handled the expropriation process on behalf of the municipality testified that the resident received financial compensation for the construction of the partition wall and the arrangement of the roof and that the condition for the release of the funds at the time was the evacuation of the area, and the resident fulfilled his part of the settlement agreement.



The judge justified the claim made by Attorney Radia that none of those involved in the expropriation process on behalf of the local committee was involved in the process of issuing the administrative order, and committed their position regarding the extent of the expropriated area and the construction that was carried out before they signed the administrative order.



As a result, the judge determined that the procedure for preparing the documents for the purpose of issuing the order was flawed and the decision was made on a missing evidentiary basis.

According to the judge, the serious and significant flaw in the preliminary stage led to a fundamental flaw in the consultation process and these are flaws that justify the cancellation of the administrative demolition order.

Against this background, the judge ordered the immediate cancellation of the administrative demolition order and ordered the local committee to pay the costs.



The law firm of Oz Radie & Co. provides a comprehensive package of legal services in the field of civil and real estate, insolvency and wills and inheritances. To contact us and for more details, please contact us here or by phone

- 077-2314230



on the firm's page on the legal website.



The article is courtesy of Zap.



The information presented in the article does not constitute legal

legal advice or a substitute for it and does not constitute a recommendation to take procedures or avoid procedures. Anyone who relies on the information in the article does so at their own risk

  • Sentence

  • Real estate and real estate

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  • Administrative demolition order

Source: walla

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