Israeli Court Orders State to Compensate Palestinian Building Owner for Excessive Demolition

The Jerusalem Magistrate's Court recently ruled that the Israeli state must compensate a Palestinian owner approximately 200,000 shekels for damages caused during the enforcement of a demolition order on his building in East Jerusalem. The building, located in the Ras Hamis neighborhood near the security barrier, was used for trading and manufacturing disposable utensils. It was constructed over a decade ago without a permit, and a demolition order was issued specifically for the unauthorized second floor.

The demolition was carried out in two phases, first in March 2021 and then about a year later, when a significant portion of the ground floor ceiling was also destroyed. The owner sued for nearly one million shekels, half for structural damage and half for lost goods and equipment. The state argued that the ceiling demolition was included in the order or, alternatively, that there was no gross negligence. It also claimed the owner was to blame for building illegally, which led to the demolition order.

Judge Miriam Kasslesi rejected the state's arguments, emphasizing that a demolition order cannot be applied retroactively to unauthorized construction predating the order by years. She ruled that demolishing parts of the building not explicitly included in the order constituted severe negligence and abuse of power by the authorities, obligating compensation. The judge also sharply criticized the state for submitting new evidence without court approval, calling it improper conduct.

Ultimately, the court ordered the state to pay 198,279 shekels plus 7,000 shekels in legal costs for the ceiling damage but denied compensation claims for lost inventory and equipment. The ruling underscores the legal limits on demolition enforcement and the state's liability for damages caused by exceeding those limits.