HCJ 891/16 Fadel Abed al-Jalil Hamed Hawari v head of the Civil Administration in the West Bank
Petition Submission Date: 3.2.2016
Petition Description: In the beginning of 2012, a resident of the Palestinian village of Azoun, located near the settlement of Alfei Menashe, noticed that construction of a stable began on a plot of land he owns but cannot access to due to Israeli security restrictions. This invasion is on land outside the area of jurisdiction of the Alfei Menashe Regional Council, but is located on land trapped between the settlement and the separation barrier.
A short time later, the landowner filed a complaint with the police. When no action was taken against the invader, Yesh Din asked the Civil Administration to issue a Order concerning Interfering Use of Land that would enable the removal of the farm. A representative of the Civil Administration replied, “enforcement proceedings on the construction will be taken according to priorities of enforcement regarding illegal construction on land that is not state land.”
In light of this response, the landowner petitioned the High Court of Justice with the assistance of Yesh Din, asking the Court to order the State to enforce the demolition order issued against the stable, and prosecute those responsible for the invasion and for damaging the petitioner’s property. “The petitioner’s land has become an amusement park for residents of the settlement of Alfei Menashe, who are fulfilling economic or other interests on this land. The horses are galloping, crushing the law on the petitioner’s land, putting the last nails in the coffin of the rule of law,” the petition stated.
Petition Status: In proceedings.