Court Orders State to Accelerate Enforcement on Private Land in Negev

A Beersheba District Court judge ordered the state to present an enforcement action plan within two weeks regarding illegal construction on private Jewish-owned land in Al-Zarnug, criticizing delays in implementing a 2023 ruling.

Court Orders State to Accelerate Enforcement on Private Land in Negev
Photo: משה מילנר, לע"מ

Judge Gad Gideon of the Beersheba District Court has ordered the state to accelerate enforcement on private land in the Negev and present a comprehensive action plan within two weeks, following revelations that only three judicial proceedings have been initiated since an August 2023 ruling. The Land Enforcement Authority maintains that dozens of administrative demolition orders have been executed, while the Authority for the Settlement of Bedouin in the Negev reports that more than 200 families have signed settlement agreements. However, the dispute over housing solutions for the residents remains unresolved.

Legal Battle Over Al-Zarnug Private Land

The hearing took place following a contempt of court motion filed by the Regavim movement regarding a 600-dunam private Jewish-owned plot in Al-Zarnug in the Negev, purchased in 1935 by Shlomo Ismailoff and currently held by his descendants and partners. Regavim has supported the landowners in legal battles for nearly a decade. In August 2023, the court ordered the state to act against illegal construction on the plot, including administrative orders and judicial proceedings. According to Regavim, not only has enforcement stalled, but at least 78 new structures have been erected since the ruling.

Court Demands Immediate Action

During the hearing, state representatives explained that judicial enforcement faces difficulties, particularly due to the lack of alternative housing solutions for the residents. A representative of the Land Enforcement Authority stated that the Bedouin Authority had previously promoted housing arrangements in Rahat, though the initiative has not yet matured into a full solution. Judge Gideon rejected the argument that the lack of a settlement solution nullifies the obligation to enforce the ruling, stating: "There is a court judgment, and it must be implemented. Right or wrong, logical or illogical, first take action." The judge instructed the state to maximize its forces and present a practical action plan with a clear timetable by November 17.

Official Responses and Future Outlook

The Land Enforcement Authority defended its record, stating that dozens of administrative demolition orders have been executed alongside ongoing legal proceedings in consultation with the State Attorney's Office and the Ministry of Justice. Meanwhile, the Authority for the Settlement of Bedouin in the Negev noted that planning and development for the local population in Rahat have advanced, with over 300 settlements approved by the compromise committee and more than 200 families signing formal agreements. Yehuda Kapach, director of Regavim's southern region, emphasized that court rulings are not mere recommendations and called on the state to halt the illegal takeover and protect landowners' rights.

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