On November 25, 2021, the ILA added that there were cases in which the land restitution was not realized, even though the land's designation was changed. The ILA does not have data regarding the rate of such cases. However, it was noted that with regard to the plans included in the Law for the Promotion of Construction in Preferred Housing Complexes (Temporary Order), 5774-2014, as in our case, "the redemption proceedings begin in accordance with the conditions specified in paragraph 8.18.25 of the file" (paragraph 7 of the response).
For the sake of completeness, it should be noted that on February 22, 2023, Menorah submitted an affidavit prepared by plaintiff 3, Mr. Yaakov Horowitz, which includes various documents that were exchanged between the plaintiffs and the Tax Authority regarding the voluntary disclosure procedure, as well as regarding the sums that the plaintiffs allegedly received from the ILA as compensation for the return of the land parcels to the ILA. Attached to the notice was the confirmation of the transfer of the venue of the hearing, Avi Weinberger, who represented the plaintiffs in the matter of exercising the right of initiation, in all matters relating to the consideration received by the plaintiffs for exercising the right of initiation. However, at the request of Menorah counsel, in a hearing held on February 27, 2023, I ordered the deletion of the notice he had submitted, including the affidavit that accompanied it. Instead, with the consent of the parties, in a hearing on July 17, 2023, I instructed the ILA to attach the scope of the sums paid to the plaintiffs for taking the land back into the hands of the ILA. I also instructed the parties to file an agreed application that includes additional components that the plaintiffs won as a result of taking the land from their hands, including the matter of exercising the right to initiate.
On March 21, 2024, the ILA submitted its supplementary position regarding the sums returned to the plaintiffs. With regard to the right to initiate, it was noted that the plaintiffs joined forces with other rights holders in the plan and were given the opportunity to purchase the rights in Lot 13 in the National Planning Complex with an exemption from a tender and full capitalized lease fees, and in practice this right was allocated to Avisror "in return, in accordance with the agreement to which the ILA is not a party" (paragraph 4 of the notice).