Center for the Defence of the Individual - HCJ 281/11 - Head of Beit Iksa Local Council et al. v. Minister of Defense et al. Judgment
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06.09.2011|Judgment|Judgment / Supreme Court

HCJ 281/11 - Head of Beit Iksa Local Council et al. v. Minister of Defense et al. Judgment

Judgment in a petition to revoke an order for the expropriating lands for the purpose of building a railroad between Tel-Aviv and Jerusalem. The HCJ rejected the petition due to late submission. The Court ruled that while the expropriation undermined the rule of law, the harm done in these circumstances did not exceed the harm that would be caused to public interests were the petition accepted. The Court avoided a ruling on the lawfulness of the expropriation order and on the legitimacy of expropriating occupied lands for purposes that serve only the population of the occupying power and not the occupied population.

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