Globes, Eric Mirowski, 07.01.2020
"An act of training artillery in the Negev, which, prior to the shooting that included it, turned out that the cannons were aimed at the city of Beersheba. Tests revealed that the batteries operated on the drills and instructions. Can the artillery start fire?"
In that parable, Tel Aviv District Court Judge Gershon Gontovnik drew a claim by the Israel Lands Authority from an entrepreneurial company to pay her NIS 37 million, in exchange for a small lot in the Nahalat Yitzhak neighborhood that would allow the construction of a residential tower. The problem was that in early contacts with the developers, a price of only NIS 1.4 million was agreed.
In last week's ruling, the judge resolved the parable in his statement that "if the exercise leads to a result that cannot be accepted and completed, a sign that there is a problem in the guidelines and the way. The result should be avoided" - hence he turned to the governor and dismissed the PMI's demand.
This is a plan developed by the "Nahala Towers" company, in which 3 complexes and seven plots were merged between Nahalat Yitzhak Street, Yavak Alley, the Ta'anim Complex and Tel Aviv Towers, covering a total of 4 dunams. The plan includes the construction of a 36-story residential tower. Dwellings intended, among other things, for the homeless, cleansing of industrial land on the site and creating open public areas and a building to be built for public uses for the benefit of the municipality.
The plan was approved in 2016, but there was a problem: The approved plan included a 278sqm plot, now used as a cul-de-sac under the "Lithuanian Jewish Heritage," which the judge described as "a road on one side and the other on buildings, Found in ".
How much is this section of road worth? In 2013, appraiser Arya Camille valued its value at NIS 109,000. However, at the PMI bargained with the developers, and it was eventually agreed that for the latter part of the road, the latter will pay NIS 1.4 million to the PMI.
However, in 2017, PMI issued a tax on its behalf, stating that the value of this plot reaches NIS 37 million, and the Authority also decided that the plot could not be sold exempt from tender. Following the "estate towers" petition, RMI's demand to exclude the sale of the plot was canceled. Only in the tender.
Through the attorneys Gad Ticho and Urit Almuzalino Reiz of Caspi & Co., the developer, "Farmers Towers Ltd.", will be presented with two opening lectures for the exercise of his right to promote the project according to the agreements formulated with the PMI at the outset. In the first proceeding, Rami's attempt to sell the share of the tender portion was rejected instead of its consent to sell it exempted from the tender to the developer; in the second proceeding, the court was asked to cancel Rami's assessment for NIS 37 million and order the implementation of the agreements between the parties, according to which The developer must pay NIS 1.4 million to Rami.
In the judgment, Judge Gontovnik writes that "there is sometimes no need for legal competence but for common sense and a sense of justice, which also demand their own and form an integral part of judicial practice."
Just like the cannon battery from the administration, which ostensibly followed all the guidelines and procedures, but in the end the guns were aimed at Beersheba - here, too, the judge thought that the PM's conduct may have been according to the procedures, but it resulted in an unreasonable result. He stated that this agreement in principle, which was formulated by the parties, "was a link of importance in the promotion of the plan" and that "it is not possible to return now", and that the principal paid legal fees of NIS 80,000.
The Israel Lands Authority said in response: "The Israel Lands Authority respects the court, but believes it is a decision that enriches the developers at public expense. Any amount that the court has reduced the judgment from the value of the property is an amount that enriches the developer at the public expense. And not the practices of the PMI. It should be emphasized that the land owned by the public has significantly contributed to increasing the volume of construction in the project and the public may not be deprived. The Israel Lands Authority will thoroughly study the decision and consider the steps needed. "