The Violation:

Israeli bulldozers plowed Arab lands in the northeastern versant of Jabal Al Mukaber on November 30^th, 2003, under heavy Army protection. The operation included the uprooting of more than 150 olive trees owned by Mr. Ahmad Eid Zahaika as well as plowing lands owned by Obeidat family. These works were done in preparation for the establishment of the new colony of Nov Zahav (  Golden View )

Background:

It all started back in 1977 when an Israeli company called Mizrahi Company for East Jerusalem Development filed a lawsuit against Obeidat family. The company’s claim was that it owned 16 dunum atop of which the houses of Obeidat were built. The company lost the lawsuit in front of the Magistrate Court, the Central Court and the Israeli Supreme Court. 

In 1980, an Israeli contractor (a called Mr. Abood Levi) claimed that investors associated with him owned 57 dunums in Jabal Al Mukaber. He managed to get the approval of the Municipality of the occupied Jerusalem on a colony project on investment nature in that area despite the fact that he was unable to prove his ownership of the land. The Municipality conspired with him as it confiscated Palestinian lands neighboring the lands he claimed to be his and declared it “Green Area” before annexing it to Levi’s stolen lands under the pretext that the lands are to be used for “Public Benefit”. 

The lands that Levi stole belonged to more than 240 Palestinians from the families of Obeidat, Najm and Zahaika. Mr. Levi has never filed any official complaints against the usage of the Land by the above-mentioned families, as it would mean that he would be required to show a legal proof of lands ownership, something he could not do.

The colony project submitted by Mr. Levi was published in the official newspapers in 1994 which prompted on objection by land owners Mr. Ali Al Masri and Ahmad Eid Zahaika whose 8 dunum lands formed a natural barrier preventing the completion of the colony.

In the same year, Mr. Levi lost a 17-year legal battle against Mr. Ahmad Eid Zahaika. Yet, the Municipality could not hide its desire to strip the lands of the Palestinian ownership as it confiscated the lands of Mr. Zahaika on April 27^th, 1994 for “Public Benefit”. The confiscation order was strange as it confiscated 100 % of Mr. Zahaika’s land while the law clearly indicates that the Municipality can confiscate only up to 40% of any land for “Public Benefit”. Given that the Municipality overtook all the land in order to use for a private investment (a long shot from being Public), we conclude that the Municipality’s decision is illegal and should be declared null –and –void. (For more information, see two case studies published on the project's web page under the titles of "The New Colony Project in Jabel Al Mukaber, December, 2003 and " New Israeli Colonization In Jebal Al Mukaber, Jerusalem, July, 2002,". 

Public Benefit??

Focusing on the issue of land confiscations for “Public Benefit” purposes, it is a claim that everybody sees through, as it has been the case that the Municipality of the occupied Jerusalem sold confiscated lands on a number of occasions. Such was the case when it sold confiscated lands to the Mormon University in the Mount of Olives as well as selling such lands to the international company Hayat Regency in Sheikh Jarrah area. Other examples include selling confiscated lands to three Israeli hotel companies in Sheikh Jarrah. The list goes on and on of such cases carried out by either the Municipality or other governmental departments and ministries with the aim of stripping Palestinian Jerusalemites of their property and sells them –in an illegal manner to Jewish investors. The illegality of this issue stems not only from the Geneva Convention or International Legitimacy or decisions of the United Nation. It stems also from violating Israel law itself.

Second version of the Project:

The second version of Levi’s revised project was also published in the local newspaper. It went through a number of revisions in total cooperation with the Municipality who confiscated more and more lands for Levi’s benefit. The first version of the project called for the building of 200 housing units while the last revised project (numbered 4558) called for the building of 550 such units in 31 buildings over two stages.

The last version of this project will include all lands surrounding the lands Levi falsely claimed to have owned in addition to the land of Mr. Ahmad Eid Zahaika. The objection period has passed without the knowledge of land owners.

Third version:

On March 15^th, 1999, the Municipality published the third version of the project carrying the number 4559. The location was to the south of project 4558- from Al Mukaber street to the south of Dar Ghuzlan, the High Commissioner’s House, leading to the south of the police station before heading north. This version consists of building a six-story hotel atop of which a mobile restaurant is planned to be built. It also called for the installation of a lift bag line connecting the colony of Tel Piot with Jabal Al Mukaber via Al Thuri Palestinian neighborhood and the colony of Nov Hazahav (Golden View). The Ghuzlan family, along with Mr. Fahd Shqirat, filed a legal objection against the project as it is considered to be illegal due to the fact that eight year has passed on publishing the project without it being executed. The grace period, according to the law, in this case is three years only.

Conspiracy by the municipality of the occupied Jerusalem:

In a field study conducted by LRC field worker in Jerusalem, land owners indicated that Mr. Levi have sold the Project to Mr. Aria Eimert who used to be the head of Israeli Police in Jerusalem and who presently heads a company called “Diegel Investments and Maintenance Company”. The purchase was completed in the last week of May 1999; while the court proceedings were still going on to decide the ownership of the land. In other words, Levi sold a land which was not officially his. Moreover, the land was still confiscated for the benefit of private Jewish investors despite the fact that it was not empty as it houses more than 26 homes along with olive groves and fruit fields owned by Mr. Ahmad Eid. Furthermore, the Jerusalem Municipality did not carry out the legally carried steps usually taken in project declaration, as it did not hang the information in public places. Rather, it placed a small ad in the local newspaper in a clear attempt to deceive the law. That is in addition to what we have stated earlier of having confiscated 100% of Arab lands instead of the legal limit of 40%.

In May 2002, Levi, along with Diegel Investments and in cooperation with the Israeli Police and Border Police, built a fence around the land where the project is supposed to be constructed. Owners of the confiscated land protested this action and filed a lawsuit against Levi and Diegel Investments. The lawsuit did pay off as the Israeli High court barred Levi from entering the confiscated lands. As a reaction, the Municipality immediately filed another lawsuit against the Palestinian landowners as to force them to vacate it for the benefit of the colony project. The Municipality went as for as to threaten the owners of demolishing homes as is issued a demolishing order of Mr. Hussein Obeidat’s house despite the fact that he has a building permit since 1997. Other cases and lawsuits are pending in front of Israeli courts, yet it is obvious that every time Levi fails in the legal arena, the Municipality steps in the do his dirty work for him.

On September 18^th, 2002, the Central Court Judge, Mrs. Mariam Naour, issued a court ruling indicating that building a fence around the land by Deiegel Investments was illegal as it was against the rules and regulations that “a land posted to be used for Public Benefit cannot be used by private beneficiaries.” The Court’s decision was to immediately cease any plowing activity in the land, remove the fence as well as preventing any additional land confiscations until December 24^th, 2003 and until the court gives its final ruling in the issue of land ownership.

What took place on the ground surprised every body:

 Palestinian landowners were stunned on 30/11/2003 when Diegel Company plowed the land and opened up a road in an initial step to establish the colony of Nov Zahaf ( The Godlen View). The first step that was to uproot 150 olive trees owned by Mr. Ahmad Eid Zahaika. The trees were, then, transported to an unknown location where they can be sold or re-planed in settler’s front yards. A few of these trees were re-possessed and replanted by the Palestinians.

The plowing of the land continued under the watchful eyes of Israeli soldiers and the protection of Israeli policemen who claimed that it would only intervene “to stop violence”. As such, it was clear that the Israeli Police does not think that violating Palestinian property, plowing their lands and uprooting their trees is considered violence. As to add insult to injury, the head of Jerusalem’s Municipality expressed his delight that Diegel Company is building this new Jewish nighborhood in the heart of the predominately – Palestinian Jabal Al Mukaber. He even claimed that the lands were not expropriated as “private investors bought the land.” 

As expected, the Municipality gave licenses to open up the road and confirmed that the colony would house 400 housing units while declining to provide any information regarding the number of investors.  

This case proves, yet again, that the Municipality snakes its way a round the articles of the law to strip Palestinian of their property in East Jerusalem. It also proves that the pillars of occupation (be them heads of Army, retired police commissioners, etc) put into practice their long experience in this field to gain personal benefits and to ensure Jewish majority in East Jerusalem.    

Attached documents:

1. Map of the seized land in Jabel Al Mukaber;
2. A copy of the land ownership document for Mr. Ahmad Eid Zahaika;
3. A copy of the Master Plan of the new colonial project;
4. Latest Israeli court decision concerning the case.

A copy of a land registration sertificate issued for Mr. Ahamd Zahaika by the Israeli authorities in the West Bank on 14.10.1991 which proves Mr. Zahaika's ownership of the disputed land.

Latest Israeli court decisions concerning the case

Up to this moment, and in spite of the aforementioned decisions, works are still going on in this colonial project under full protection of the Israeli police and army.