On September 28, 2008 Peace Now appealed to the High Court of Justice together with the Palestinian owners of the lands, demanding the enforcement of the law and the evacuation of the "Derech Ha'avot" outpost (Bethlehem area).
The Outpost
In the middle of the "Second Intifada", the settlers took advantage of the violence that took place in the area, and of the fact that the Palestinians in the area were under siege and curfew, and established the outpost "Derech Ha'avot" near the settlement of El'azar. Trailer homes were built, roads were paved and even permanent houses were constructed in the outpost.
The Palestinian owners of the land who found out that the settlers had established a new settlement on their land, filed complaints with the Israeli Police and the Civil Administration, and even turned to the court, but the outpost kept growing.
In October 2007, the Civil Administration confirmed ( document in Hebrew) to Peace Now in a letter that the outpost was illegal, that it was built on private lands and even that there were some 25 demolition orders against structures in the outpost. But despite all these facts – the settlers kept building and constructing in the outpost.
In July 2008 Peace Now found an ad, published on a website, offering a caravan in the outpost for sale: "Buying the Caravan also include buying the rights to construct on an area of 1 dunam (right now there are no construction permits there, but on the ground there is construction there). The price: 180,000 NIS."
This ad shows the direct outcome of the authorities failure to enforce the law, allowing themselves to build without any interference.
In addition to the petition against the whole outpost, Peace Now also appealed against a specific house in the outpost, which was built in the last few months. The Palestinian owner of the lands, who discovered the construction complained to the Israeli Police and the Civil Administration, but the house continued to be built.
This is a second petition, after the first appeal was denied because of the promise of the authorities to enforce the law, stop the construction and evacuating the property.
On July 27 2009 in the court hearing the state agreed to enforce the outlying orders, but noted that there is no clear timetable to do so.
On July 29, 2009, the Supreme Court ordered the State to present to the court within 90 days a full plan with timetable for the procedure to stop construction at the outpost, to evacuate the settlers and to destroy the structures already completed.
For the decision
On December 2nd 2009, the State asked the court an extension of another 6 months to prepare the timeline for evacuation of the outpost. This time the excuse was the newly declared Settlement Freeze that takes a lot of efforts from the authorities. The court decided to discuss the issue in a hearing on the 26th of April 2010.
On the 25th of April 2010, the State declared that despite her previous promises to evacuate the outpost, it was decided to start the procedures for legalizing it
For the decision (in Hebrew)
For more about the meaning of the decision