A discussion was held yesterday (Monday) at the High Court regarding the Modiin Maccabim Reut Municipality's petition against the IAA and the CAA's night-time landing route over the city's skies.
The discussion was held in the presence of three judges: Miriam Na'or, Yoram Danzinger, and Edmond Levy.
Two months ago, the city council decided that it can not go by its day to day agenda in light of the noise disturbances and their damage to the residents' quality of life. It was therefore decided petition the High Court against the landing path over the city, which is active mainly during the night.
The municipality was represented at the discussion by Neri Yarkoni, a pilot and Israeli aviation expert who has represented a number of authorities during different struggles, Ayal Memo, Esq. from Agmon & Co. law offices, the municipality's legal advisor, Dana Chafetz-Tochler, Esq, and Einav Lina, Esq. from the Legal Bureau.
Also present at the discussion were Mayor Haim Bibas, Deputy Mayors Moish Levy and Chanan Bernstein, Municipality General Manager Yoram Carmon, and city residents who came to show their support.
The municipality representatives stated during the discussion that the nighttime flights are a blatant violation of any communication process that had begun to take place since the IAA, CIA, and the municipality's first High Court discussion, which took place around a year and a half ago.
The municipality claim the landing path is a basic violation of the human right to rest and health. It has resulted in 80,000 city residents, half of whom are children, who cannot sleep at night due to plane after plane that flies above the city systematically every night. The municipality representatives also claim that the landing path flies is the way it is primarily due to financial reasons of the airlines, who place their own convenience before the rights of the city residents.
The municipality representatives asked to look at the National Master Plan, which determines where the flight paths can pass and what the consequences of these paths are. The state opposes opening up this plan, which does not include the city, due to the fear of having to stand by strict criteria with financial consequences (as has been the case with over authorities that are not included in the plan).
IAA and CAA representatives claimed that the State of Israel's transportation needs, safety considerations, and the desire to run the airport similar to other airports across the world are what led the associations to decide to operate the landing path during the night.
The judges discussed the petition for a long period of time, and mainly asked questions regarding violations of the city's residents human rights. They announced that they are not dealing with the professional issue, and do not intend to replace the country's aviation authorities.
At the end of the day, the panel of judges did not make a decision. They announced that when they do so, they will forward it to both sides during the next few days. We will let our readers know as soon as we hear word of any related developments.
Tuesday, November 02, 2010