92 Israeli Land Grab and Forced Population Transfer of Palestinians Jam'iyat Iskan Case320 In 1978 a Group of Palestinians from Qalandya (between Jerusalem and Ramallah) received permits to build 24 residential buildings from the Higher Planning Council. In 1979, after the construction of the buildings had already begun, the Council decided to void all the permits retroactively declaring that they did not comply with the relevant Regional Outline Plan (RJ/5). This was the first occasion in which the Israeli authorities used a regional plan to impede construction in the West Bank. The decision was appealed, but the Israeli Supreme Court rejected the petition. This case set the foundation for extensively using regional outline plans to limit Palestinian construction. Appeals procedure In the case of a building permit application’s rejection, one may appeal to the Higher Planning Committee although appeals to the Committee are frequently declined. If the Committee refuses, one has two alternatives: writing to the head of the Planning Committee requesting an exemption from the building permit requirement, or, on the other hand, requesting rezoning of land use from agricultural to residential use, for example. Again, these appeals are usually rejected.321 Upon receipt of the final rejection, it is possible to petition the Israeli Supreme Court against the rejection of the permit application and receipt of the demolition order. As part of the petition, one may request that the Court issues a temporary injunction maintaining the status quo of the building in question until the Supreme Court reaches its decision.322 “Stop work” orders Due to the difficulties with procuring a building permit, most Palestinians in Area C construct without a permit living with the threat of receiving a demolition order.323 320 Jam’iyat Iskan Al-Mu’allimun Al-Ta’auniya et al. v Minister of Defense et al (HCJ 1980). 321 Society of St. Yves, ‘The Legal Framework - Westbank’. 322 Society of St. Yves, ‘The Legal Framework - Westbank’. 323 In the Saier village near Hebron, the Israeli authorities issued stop work orders against the installation of an electricity network on 13 August 2009 built in Area C where no electricity services had been provided. However, the construction had already been completed and the community was using the network by the time the orders were delivered. The Society of St. Yves defended the village in court and their case is still pending. For more details, see: Society of St. Yves, ‘Success Case Westbank’, Success Case Westbank, n.d.; available from http://www.saintyves.org.il/index.php?option=com_content&view=article&id=90%3Ade molition-case2&catid=44%3Ahouse-demolitions&Itemid=59&lang=en; accessed 2 May 2013.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents