Eric Mirowski, globes.co.il

The Calcuda family, which owns a "flying" parking lot located in Kfar Truman about 10 km from Ben Gurion Airport, which for years served as a pirate parking lot for people who have traveled abroad - will have to return the land to the state and pay usage fees of more than NIS 7 million. . That's how the District Court ruled. This, after years of holding a project for parking to the public flying abroad, took advantage of the load on Ben Gurion parking and expensive parking prices. For some time, the family also operated Zimmer in these lands.

This is a precedent, which may also signal to others, that it is customary to use state land for prohibited uses. As you know, there are quite a few such offenders, especially those who use agricultural land for commercial purposes. However, it is doubtful that there are competitors for the "flying" venture, in terms of its bluntness. Expressed in quite a few jurisdictions.

According to the method of the venture, customers would call the car park, pre-deliver their flight details abroad and back, in order to pre-arrange the delivery of the car and return it to them. At the time of landing.

Since 2010, the PA has been waging war on this venture, and the Ben Gurion Airport manager has even issued a ban on Calcuda prohibiting him from entering Ben Gurion Airport (except for flight purposes), on the grounds that Calcuda was commercially conducted in Ben Gurion Airport without obtaining a permit, and without interruption to operating a route. The waiting in Terminal 3. A number of legal meetings were held in this regard, and Calcuda was forbidden to continue the venture.

But in addition, the conversion of agricultural land for commercial parking purposes is also illegal, and this is where Rami entered the picture, when the spouses Yitzhak and Amalie Calcuda demanded to regain the two agricultural land from which they operated their venture.

Today, District Court Judge Daphne Kadray accepted the lawsuit, filed with Little Sadoski and Rina Mohsas, director of the real estate department in the Tel Aviv District (Civil) District Attorney, accompanied by the Civil Prosecutor's Office.

The magistrate accepted the state's position that the Calcutta had made extreme use of the land, violated the purpose of the agreement and their right to hold the property, and in these circumstances, the Israel Lands Authority had the right to recover the portion of the infringement without which it was obliged to pay a seat or its members.

She rejected the Calcutta family's claims that the venture was in the aftermath of the dairy reform, which brought them into crisis, and that the receipt of the petition would be unfair to them, because many landlords make unusual uses. "This is an allegation against Alma, and her judgment is rejected," the judge wrote in the ruling. "Furthermore, the Defendants have trampled on the rule of law, in a systematic, prolonged and deliberate violation of the provisions of the agreement and utilizing the land granted to them for their own economic interests. In these circumstances, they have nothing to do with themselves and in any case do not take into account the necessity of justice Different result. "

The judge further wrote to the family that "Defendants" begged "for the provisions of the law, court decisions, decisions of the Land of Israel and the provisions of the slot agreement. In doing so, the defendants violated a fundamental, difficult and ongoing violation of the provisions of the slot agreement and the purpose of the underlying lease." .. "Therefore, the Chief of Staff is expected to set proper boundaries and adopt clear policies regarding the non-agricultural use of land leased under optimal conditions on the assumption that it will be used for agricultural purposes only; And in cases where the public domain authorities do as much as they can think of, and enjoy the custom of the owner, it is expected that the Chief of Public Administration and his representative will take appropriate legal action against them and act to get the land back.

In addition, the court accepted that fines and / or payments to the Chief of Staff should be imposed on real estate offenders who complied with the nature of their offenses, including the entrepreneurial income component. Therefore, the Claudia’s were charged a NIS 7.02 million usage fee for uses The illegals who committed the land, removing illegal buildings built on their land and NIS 100,000 for legal expenses.

Attorney Little Sadowski of the Tel Aviv District (Civil) District Attorney for the judgment noted that "this is an important and precedent ruling that is a milestone in the civil enforcement actions the state is taking to eradicate the phenomenon of illegal land use that has been submitted for agricultural use."