03.02.2005|Judgment|Judgment / Supreme Court

HCJ 1890/03- Bethlehem Municipality et al. v. The State of Israel - Ministry of Defense et al. Judgment

The HCJ rejected a petition against an order issued by the commander of the military forces in the West Bank for the seizure of land intended for building a bypass road for Jewish worshippers arriving from Jerusalem to Rachel's Tomb. The road is to be protected by walls forming part of the separation wall, thereby effectively annexing the tomb to the area west of the wall. Under the original order an entire neighborhood was to be trapped inside the walls, but the route was changed several times during legal proceedings. The HCJ ruled that the final order properly balances the worshippers' freedom of religion and the Petitioners' property rights and right to freedom of movement.