A tender for the construction of 1,234 housing units in the E1 area between Jerusalem and Ma’ale Adumim can continue advancing for now, after the Jerusalem District Court rejected a request to freeze the process pending a ruling on petitions against the plans.
The court ruled that the process from a tender to actual construction remains lengthy. He said considerable time is expected to pass before the project reaches a stage that would result in physical changes on the ground, while the petitions themselves are expected to be decided before then.
The court also cited commitments made by the state. The state agreed not to claim that the tender had created a “fait accompli" and said bidders were informed that the plans are subject to ongoing legal proceedings and that their rights would depend on the outcome of those proceedings.
Three petitions against the E1 plans have been consolidated into a single proceeding. They were filed by Ir Amim, Planners for Planning Rights, and Peace Now, together with Palestinian residents. Last month, the petitioners asked the court to halt the tender until their legal challenges were resolved.
The petitioners argued that the tender was published without prior notice and contrary to what they said was a commitment from the State Prosecutor’s Office. They warned that allowing the tender to advance could create a situation in which the court would be unable to provide effective relief if the petitions are ultimately accepted.
Plans for construction in the area were approved about a month ago by Finance Minister Bezalel Smotrich, prompting international criticism. Twenty-one countries, including Britain and France, condemned the move and described it as a “death blow" to the Palestinian Authority.