Israeli court allows tender for 1,234 housing units in E1 area
The Jerusalem District Court in Israel has allowed a tender for the construction of 1,234 housing units in the E1 area between Jerusalem and Maale Adumim to proceed. At the same time, the court did not rule on the legality of the development plans themselves: three lawsuits that could lead to the cancellation or modification of the project remain under its consideration, The Jerusalem Post reports.
The tender is not a building permit
Judge Nimrod Flesch rejected a request by Palestinian residents and Israeli human rights organizations to suspend the tender pending consideration of the main lawsuits. He concluded that at this stage there was no risk of irreversible consequences, as the start of construction work was not yet imminent.
Contractors may submit bids until October 19. The proposals must then be reviewed, tender winners determined, and building permits obtained before work can begin. In the judge’s assessment, the court is likely to rule on the lawsuits before any physical changes are made to the site.
The state also promised not to argue later that the tender had progressed too far for court intervention. Potential contractors were warned about the legal challenge, and their rights resulting from the tender will depend on the court’s final decision.
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Positions of the parties
The request to freeze the tender was filed by Palestinian residents, as well as the organizations Ir Amim, Bimkom — Planners for Planning Rights, and Peace Now. They said that involving private developers would make it more difficult to stop the project, especially if contracts are signed before the lawsuits are concluded.
The plaintiffs also argue that the broader E1 project could lead to the displacement of Palestinian and Bedouin communities from the adjacent area and the demolition of homes. The three main lawsuits concern two plans for approximately 3,400 housing units. According to the plaintiffs, these plans were approved with violations and without proper consideration of their impact on neighboring Palestinian communities.
The state and the municipality of Maale Adumim reject these claims and insist that the plans were approved lawfully. The municipality submitted aerial photographs to the court which, it says, show no development on the site covered by the tender. It also agreed to notify the court seven days before physical work begins if the lawsuits have not been resolved by then.
The E1 area is largely undeveloped and is located between Jerusalem and Maale Adumim. Supporters of construction believe it will strengthen the connection between Maale Adumim and Jerusalem. Opponents say that Israeli development in the area could disrupt territorial continuity between the northern and southern parts of the West Bank.
