The High Court postponed for 45 days a decision on Sunday 17
Sivan regarding the future of Matityahu Mizrach the expansion
of Kiryat Sefer, deciding to uphold for now the interim order
not to allow residence in or building in the neighborhood.
The ruling was intended to give the sides 45 days to complete
their rebuttals to claims lodged in court on Sunday based on
a request by the State Attorney and with the consent of the
construction company through an authorized representative.
Hundreds of avreichim who purchased apartments in the
community arrived at the court thinking that after all their
efforts to guarantee the success of the new suit, they would
finally be able to move into their apartments. The area is a
major expansion to Kiryat Sefer, and includes areas built by
the Green Park and Hefziba construction companies.
The hearing went on for over six hours. During the final hour
the discussion focused on the claim that Modi'in Illit lacks
a city building plan. The plaintiffs argued that in the
absence of a city building plan, even according to Jordanian
law there is no way to approve a city building plan for new
neighborhoods in the city. Whatever the legal merits of this
argument, it has no relationship to the origins of the suit
that alleged that the lands were acquired illegally.
Furthermore, it brings no apparent benefit to the plaintiffs
and just harasses the hundreds of families who are waiting to
move into their completed apartments and others who are
waiting for their homes to be finished.
In response, the State Attorney's representatives, based on
the view of the respondents including the construction
company, asked to complete the summary in writing. The court
granted the request and gave the respondents a 30-day
extension followed by another 15 days for the petitioners to
complete their claims.
The apartment buyers who took the trouble to attend the
hearing expressed resentment when the court refused to allow
a representative of their buyers' committee to appear, though
permission is usually granted for a lay representative to
address the court if they have not hired an attorney.
