In a landmark decision, the Jerusalem Magistrates Court has accepted the petition of the Jerusalem district planning committee by ruling that six tenants in the Ein Hemed project near Jerusalem are to be evicted.
The reason for the eviction was the sale of the houses as residential dwellings, despite the designation of the buildings as vacation apartments. The sale ran counter to the statutory designation of the land and the decision of the various planning committees.
The Court’s decision affects both tenants already occupying their apartments and those not yet resident.
The Court decided that the designation of the buildings would be altered only after the institution of a new plan, which would return the buildings to their original designation.
The project was constructed in the center of the Ein Hemed national park. According to the outline plan, the area is designated for the erection of a hotel, but the developer constructed residential apartments and houses, which were marketed as private luxury apartments in a private neighborhood, in spite of the designation.
In April 1997, the Society for the Preservation of Nature petitioned the Jerusalem District Court against the district planning committee, the local planning committee, and the developers.
The committee ruled that form 4 (for connecting to the electricity grid) would not be granted until a plan was prepared to ensure that the designation of the plan for tourist accommodations would not be harmed. The developers nevertheless succeeded in obtaining such a form, and connected the building to the electricity grid.