The High Court of Justice on Sunday rejected a petition by Palestinians against a government deal with the settlers to legalize the West Bank Evyatar outpost.
Palestinians – who claim ownership of the land on which the outpost is located – had petitioned the court to halt the deal.
The agreement is contingent on the Civil Administration’s completion of a land survey that would determine the status of the property.
Settlers who have already submitted a master plan for a new community on the hilltop located near the Tapuach Junction in the Samaria region of the West Bank have argued that the property can be classified as state land.
Twelve Palestinians petitioned the court claiming property ownership. It is their contention that the Civil Administration could not be expected to conduct a fair survey and that the conclusion which would find in favor of the settlers and against them was known before the work began.
The Palestinian petitioners argued that aside from their ownership claims, the outpost erected in May was illegally built and that this deal prevented security officials from enforcing the law.
A panel of three judges did not accept the Palestinian contention that the land survey would be flawed. It was premature, the judges said, for the Palestinians to file a court case prior to the conclusion of the land survey.
Judge Yitzhak Amit did note, however, that it might behoove the relevant officials to investigate how some 50 families managed to illegally build an outpost under the watchful eyes of the security forces.
The Evyatar outpost was built in 2013 in the aftermath of a terror attack at the Tapuach junction that claimed the life of Evyatar Borovsky, 31. It was evacuated and rebuilt in May when a Palestinian terrorist killed Yehuda Guetta, 19.
According to a deal struck with the Samaria Regional Council and the Nahala Movement that promoted the outpost construction, the Civil Administration will examine the possibility of legalizing the hilltop as a new settlement.
Based on the terms of the agreement, the 50 families left in July but the building they had placed there remained at the site and is guarded by the IDF, which maintains a presence there.
Should it be determined that a settlement can legally be constructed there, a yeshiva will open on the site until the bureaucratic process is completed.