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

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

The court's decision leaves the approved plan, T.T.L. 101/C, intact. This plan encompasses a 26.5-kilometer segment with 20 underground stations and the depot. The route traverses Ra'anana, Herzliya, Ramat HaSharon, Hod Hasharon, Kfar Saba, and the Drom HaSharon Regional Council, serving key locations like Meir Hospital, Reichman University, and various employment and residential areas.

Pets were filed by the municipalities of Hod Hasharon and Kfar Saba, the Drom HaSharon Regional Council, the communities of Gan Hayim and Sde Warburg, landowners, and residents of Kfar Saba Hayeruka. Petitioners sought to reroute the metro through Hod Hasharon's business district or consider alternative routes for the depot near the "Eyal-Tira" area. They argued the chosen depot location was unreasonable and lacked sufficient alternative analysis.

In his ruling, Justice David Mintz stated that 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 exceeding authority, improper considerations, or extreme unreasonableness, none of which were found. The court emphasized that the planning process was extensive, involving environmental impact assessments, public hearings, and consideration of all arguments.

The court also addressed specific concerns, including the rerouting request for Hod Hasharon, stating the metro's purpose is broad metropolitan service, not catering to every development zone individually. Regarding the depot, while the "Eyal-Tira" alternative had some advantages, it presented engineering and geometric difficulties, infrastructure conflicts, higher costs, and significant planning delays. Additionally, the city of Tira opposed having the depot within its jurisdiction. Concerns about a metro work staging site in Kfar Saba's Gan HaZikaron memorial park and the preservation of structures were also dismissed, with the court noting the site area was reduced and preservation requirements would be addressed.

The court concluded that opposition from residents or stakeholders to a facility near them is insufficient to overturn a planning decision. It highlighted that the metro project is crucial for elevating Israel's transportation infrastructure to international standards and that further changes could cause years of delay. Each of the five petitioner groups was ordered to pay NIS 20,000 to the state and NTA (Metropolitan Mass Transit System), with additional costs awarded to the city of Tira, totaling NIS 130,000 in legal expenses.