Israeli Settlement Plan in East Jerusalem Faces Legal Challenge

Two Israeli organizations, "Bimkom - Planners for Human Rights" and "Ir Amim," along with residents of the East Jerusalem neighborhood of Umm Tuba, filed an objection on Tuesday against the "Nofei Rachel" settlement plan. The plan proposes the construction of 650 housing units on approximately 27 dunams in Umm Tuba, east of occupied Jerusalem. The objection highlights alleged procedural flaws, including the development company not meeting the legal ownership requirements. According to the objectors, the company claims to own 90% of the land, but official land registry records show ownership of only 65%, falling short of the required 66% for submitting the plan. Additionally, about 20% of the land remains disputed, and the Israel Land Authority claims ownership of six dunams within the plan's boundaries.

The settlement plan also seeks to cancel a 200-meter stretch of an officially approved street vital for Umm Tuba's development. This street is part of a road network intended to improve access to an existing area of Umm Tuba with around 300 residential buildings and facilitate further building permits to address a severe housing shortage. The cancellation occurs without providing an alternative road network, as required by the master plan. Residents currently access many homes in the area via a dangerous, steep, and damaged road.

Documents accompanying the plan indicate the project is intended for marketing to Jewish residents, comparing it to the "Nofei Zion" project, described as a "Jewish neighborhood." The official descriptions of the plan do not mention Umm Tuba, despite its location adjacent to the proposed site. Instead, the location is described as "near the main entrance to Har Homa neighborhood." The plan's documents also inaccurately describe the existing area as undeveloped, even though Umm Tuba homes border the plan's boundaries.

Bimkom and Ir Amim stated that the "Nofei Rachel" plan exemplifies planning policy in East Jerusalem, where restrictions hinder Palestinian residents while rules become flexible for establishing Israeli neighborhoods within Palestinian areas. They emphasized that Umm Tuba is an inhabited neighborhood with existing homes and needs, which the state neglects. Instead of planning for its residents, planning institutions are advancing a separate complex for other residents at the expense of the neighborhood's development. The organizations assert this is not just planning discrimination but the use of planning as a tool to displace Palestinian residents from their space.