Last update - 00:00 29/08/2007
High court allows Modi'in Ilit residents to remain in Heftsiba apartments
By Yuval Yoaz, Haaretz Correspondent
The Modi'in Ilit residents who broke into Heftsiba-built apartments in the settlement's Matitiyahu East neighborhood will not be forced out at this stage despite an existing High Court of Justice order forbidding them to move into the neighborhood.
Tuesday's High Court ruling, however, stated that even though the temporary injunction against moving into the new buildings built on Palestinian-owned land remained in force, residents would not be evacuated for now. The decision came in response to a petition filed by Peace Now and the council of the West Bank village of Bil'in. The State Prosecutor's Office had also asked for clarification on the matter.
"At this stage, and for as long as all the matters concerning the situation of Heftsiba remain unclear, as well as the chances of residents to receive the apartments they purchased or the money they paid, the present situation will not be changed," wrote Judge Ayala Procaccia. However, she added it would be
possible to petition the court at a later stage as the proceedings against the collapsed developer advanced.
In addition, residents who took over apartments after August 6, when the Jerusalem District Court ruled that the High Court's temporary order applied, will not receive protection under the law.
Peace Now Secretary-General Yariv Oppenheimer said in response that "the High Court of Justice has created an absurd situation where the court orders the authorities not to enforce an order it itself issued. We can only hope that the ruling will be changed quickly and that the Matitiyahu East project will be canceled."
Nurit Roth adds: Bank Hapoalim strongly objects to the request by Heftsiba's temporary receiver to extend the freeze of proceedings against the failed firm for another 30 days. The bank claims that the repeated extension of the protection against creditors should not be preferred to liquidation since it
is clear there is no chance of finding an overall solution to rehabilitate the company.