Israel's Supreme Court Upholds Metro Line Route, Dismisses Appeals

Israel's Supreme Court has unanimously rejected five petitions challenging the planned northern section of the M1 metro line, upholding the National Infrastructure Committee's (NIC) decision. The petitions primarily contested the line's route through Hod Hasharon and the location of the metro's depot, or maintenance and operations complex, near Kfar Saba in the Sharon region.

The court's ruling allows the "Tatal 101/G" plan to proceed, which includes a 26.5-kilometer segment with 20 underground stations and the depot. The route will serve areas including Ra'anana, Herzliya, Ramat HaSharon, Hod Hasharon, Kfar Saba, and the Drom HaSharon Regional Council, connecting key institutions like Meir Hospital and Reichman University.

Petitioners included municipalities like Hod Hasharon and Kfar Saba, the Drom HaSharon Regional Council, and local residents and landowners. Hod Hasharon sought to reroute the line and establish a station near its industrial zone, while others proposed relocating the depot to an "Eyal-Tira" site near the Eyal interchange, arguing the current location was unreasonable and inadequately assessed.

In his ruling, Justice David Mintz stated the court does not act as a "super-planner" and should not replace the professional judgment of planning institutions unless there are significant flaws like abuse of power or extreme unreasonableness, which were not found. The court emphasized the extensive planning process, including environmental impact assessments and public hearings, that preceded the plan's approval.

The court also addressed specific concerns, dismissing Hod Hasharon's request to alter the route for its industrial zone, stating the metro's purpose is broad metropolitan service. Regarding the depot, the court noted that while the "Eyal-Tira" alternative had some advantages, it presented engineering and cost challenges, and the city of Tira opposed its inclusion. The court also dismissed objections concerning a metro work staging site in Kfar Saba's Memorial Garden and the preservation of structures, stating these issues were addressed or require separate planning processes.

The ruling stressed that opposition from residents or stakeholders to infrastructure near their homes is insufficient to overturn planning decisions. The court highlighted that large-scale projects require a holistic view, not just the perspective of individual stakeholders, and that further changes could cause significant delays. The court ordered each of the five petitioner groups to pay NIS 10,000 to the state and NIS 10,000 to NTA (Metropolitan Mass Transit System), with additional costs awarded to Tira municipality, totaling NIS 130,000 in expenses.

Legal experts noted the ruling reinforces the principle that courts rarely intervene in professional planning decisions for national infrastructure projects, especially at advanced stages. Kfar Saba municipality expressed respect for the ruling but strong disagreement, vowing to continue efforts to alter the decision for future transportation needs and equitable access.