Shapir has received state franchise to construct Jerusalem’s light rail Green Line and is currently performing the foundation works for the line.  This large scale and nationally important project, will connect the Gilo neighbourhood in the city’s south to the French Hill neighbourhood in the city’s north, with a light railway line.  

As part of the project’s foundation works, Shapir was required to establish an operational site that includes a cement manufacturing plant that will provide the cement required for the project, with the selected location being adjacent to one of the city’s neighbourhoods. 

However, the residents of this adjacent neighbourhood have submitted an urgent application for an injunction, prior to submitting a petition, to stop the foundation works at the operational site, claiming that the works are being done illegally and without a building permit.

The court instructed to submit a response and held an urgent discussion at the standing of both parties, wherein it was clarified to the court that the Shapir Company is acting according to the franchise awarded by the State and in accordance with section 261d of the Building and Planning Law, 1965 and Building Regulations (Works and buildings Exempt from Permits) 2014, whereby no building permit is required to perform the said works. It was further clarified that a delay in establishing the cement plant could postpone and disrupt construction of the section relevant to the railway project. 

The Magistrate Court in Jerusalem accepted our standing that the site in question is a temporary operational site required by Shapir for its works as part of the franchise received from the State in favour of the national project, and selection of the area and its establishment were coordinated and supervised by the authorized authorities, and coincide with the relevant law directives. 

Accordingly the Court rejected the application for an injunction

Ex gratia, the Court extended the date for submitting the Statement of Claim, whereas the residents did not act to submit it on time, and the principal claim is currently under clarification.