Another disturbing decision of the High Court justices was
last week when three judges headed by Aharon Barak forbade
and Construction Ministry to grant buyers of apartments in
benefits that are not offered to other buyers in the center
country. The reason for this is that the Housing Ministry has
Elad as a city with a religious character.
The High Court justices accepted the claim of the Am Chofshi
that the Housing and Construction Ministry gave purchasers of
in Elad preferential treatment. According to the decision of
Court, those who have already bought apartments and have
benefits will not be adversely affected.
When construction began in Elad, the Government decided to
of apartments in Elad loans of NIS 60 thousand, of which NIS
was a loan and NIS 30 thousand was a grant. In addition, the
decided to pay 25 percent of the development costs. 7000
units were planned for Elad, and the contractors pledged to
apartments only to religious buyers.
Due to the appeal of MK Yossi Paritzki of Am Chofshi, the
Aharon Barak, Tova Strassberg-Cohen and Dorit Beinish
the future occupants of Elad had been given preferential
in two aspects. The first is the fact that the loan given to
occupants of Elad is higher than that given in other areas of
central region of the country. In addition, the magnitude of
under preferential conditions is disproportionate in
the general population.
The High Court determined that granting the future occupants
special benefits violated the principle that aid for purchase
is to be determined by criteria based upon objective personal
The High Court justices said that they had decided to
benefits to Elad buyers rather than to order them granted to
buyers because they could not determine the full consequences
Grants for the future occupants of Elad ended a number of
and the decision of the Court was not applied retroactively.
for the moment, the decision has no immediate practical
However, the UTJ MKs have asked that they be given an
Alternate ways of continuing to benefit the purchasers of
in Elad are currently being investigated.
In any event, chareidi observers of the High Court
that the decision seems to be fully consistent with the anti-
approach that the Court has followed for several years.