The Supreme Court on Wednesday overturned an earlier decision and ruled that the community of Mitzpe Kramim need not be destroyed.
The new decision will save the 45 homes which had previously been slated for demolition in the community.
The residents of Mitzpe Kramim have fought a years-long legal battle to preserve their homes. Along the way they have received the support of right-wing politicians such as Ayelet Shaked and Bezalel Smotrich. The new hearing in which the decree to demolish the structures was lifted was held at the request of Defense Minister Benny Gantz.
Mizpe Kramim spokesman Doron Leshem said: "Our chances were very low, but our case was unique. Everyone agreed that it is impossible to destroy and destroy all the time. This is the first time there is such a precedent. It did not happen in Amona or Migron. It is a tremendous precedent. This ruling legitimizes at least 2,000 houses in the settlements with similar issues."
An expanded panel of Supreme Court Justices ruled that the residents of Mitzpe Kramim should not be evicted from their homes, and thus the judges overturned the previous Supreme Court ruling from May 2020 in which it was determined that the residents must evacuate within 3 years. Supreme Court President Hayut and Judges Vogelman and Baron dissented and were in the minority .
The ruling dealt with the question of whether private land allocated by the commissioner of government property for the purpose of establishing the Mitzpe Kerami settlement could be added to and used, even though it turned out that the land in question was not government property. The judgment discusses the question of the interpretation and application of the arrangement stipulated in section 5 of the order.
The judges ruled that with respect to the borders of the existing settlement, the arrangement stipulated in Section 5 of the Order Regarding Government Property (Judea and Samaria) (No. 59), 1967 applies, and therefore the residents of the settlement should not be evicted from their homes.
Interior Minister Ayelet Shaked welcomed the Court's ruling: "Common sense and the Zionist spirit won. As Justice Minister I had the privilege to lead the State's position and now the Supreme Court has made the correct and necessary ruling,'' said Shaked.
Justice Minister Gideon Sa'ar said: "I welcome this important ruling, in which justice was done, by the Supreme Court in the latest hearing on Mizpe Kramim. The majority opinion overturned the previous ruling and stated that the residents of the settlement will not be evicted from their homes, because they were sent there by the State and relied on it. I congratulate my partner, Defense Minister Benny Gantz, who initiated the request for further discussion and worked to change the result.''
Religious Zionist Party chairman MK Bezalel Smotrich said "I congratulate the just and moral decision and congratulate the pioneer residents of Mitzpe Karim for removing the sword of immediate demolition from their homes. With G-d's help and with your help, very soon we will establish a Jewish, Zionist and national government that will regulate the settlement of Mitzpe Kramim and many other settlements and continue the growth of the young and old settlements for continued flourishing and prosperity for many more good years.''