The High Court of Justice on Tuesday morning 10 Elul 5772 heard an appeal filed by the Binyamin Regional Council on behalf of residents of Migron, which is located in the regional council’s jurisdiction. The appeal pertains to the homes of 17 families that have submitted documentation to support claims the plots of land were purchased from the registered Arab land owners, hence eliminating the need for an eviction.

The court told the petitioners that it will announce its decision.

Court President Asher Gronis heard the state’s position at the beginning of the hearing. Asnat Mandel told the court the state believes an eviction should be ordered, unwilling to recognize the legality of the documentation presented by Migron residents. The state recognizes there are additional demands regarding the new alternate site being prepared for residents but maintains the eviction may not be delayed. The state attorney general and state prosecutor have been adamant in their opposition to government efforts to find a solution towards avoiding an eviction of yet another Jewish community.

All sides are in agreement that the alternate site, located at the nearby Psagot Winery, is not ready. Some of the homes are not ready for occupancy and the public buildings have not been readied as promised by the state.

When Justice Miriam Naor asked who paid to build the homes in Migron, attorney Ze’ev Ashraf, representing the Migron residents explained the government, the Ministry of Housing, adding to the absurdity of the situation. These are not homes that were built without government approval, as was the case in Beit El, and once again, the judicial system appears inclined to oust these families from their homes.

Peace Now attorney Michael Sfarad explained that “Migron is a symbol”, adding it was built illegally on private land and that is why it must be removed. “If after it is destroyed they present documentation that it was legally purchased, then let them build a city” but Peace Now wants to see the community evicted and the homes razed.

Avi Ro’eh, who heads the Binyamin Regional Council told Israel Radio that the contention of the state to justify the eviction is that the land in question is privately owned by Arabs. He added the Arabs never lived there or claimed the land, acknowledging they do appear in the Tabu Land Registry. Ro’eh questions why the state is adamant to oust the residents when they now possess documentation to support their claim that the land plots in question were legally purchased.

For the residents and their families, it appears they have exhausted all legal avenues and what remains is the koach of their tefilos.

(YWN – Israel Desk, Jerusalem)