Abu Massad v. Water Commissioner

CA 9535/06 (2011)

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Abu Massad v. Water Commissioner

Israel Supreme Court
CA 9535/06 (2011)

Facts

Many Bedouin were living in illegal settlements located in Israel’s Negev desert. These communities did not traditionally seek building permits for their homes or pay taxes, and the Bedouin settlements often trespassed on either state-owned or private land. Israel had constructed towns aimed at providing subsidized housing to the Bedouin population, but many Bedouin chose to stay in the illegal settlements. Israel’s Water Commission generally provided water to the illegal settlements through two methods: by making a water connection close to the illegal settlement, from which the Bedouin could haul water to the community; or by granting private permits based on humanitarian needs. Abu Massad and several other Bedouin (plaintiffs), all living in unauthorized settlements, sued the water commissioner after the commissioner denied their requests for a private water connection in the illegal settlements.

Rule of Law

Issue

Holding and Reasoning (Procaccia, J.)

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