Case Number

HCJ 2887/04

Date Decided

4-14-2007

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: In response to large scale incursions onto state land in the Negev by Bedouins and their planting of agricultural crops on that land, the respondents decided to destroy the crops by spraying herbicide from the air. The petitioners challenged this policy on the grounds that the spraying of herbicide was done ultra vires and also endangered the health and dignity of Bedouins in the vicinity of the spraying. The respondents denied that the herbicide used presented any risks to health.

Held: (Justice Joubran) The respondents have no power under the law to spray herbicide in order to prevent incursions onto state land. The policy of spraying herbicide from the air is therefore ultra vires. Additionally, the user instructions and warnings on the herbicide used indicate that the spraying of herbicide does involve a potential danger to health.

(Justices Arbel and Naor) The respondents have power under the law to enforce their property rights, and the law does not exclude spraying as a means of enforcing those rights. Therefore the spraying is not ultra vires. However the use of spraying to enforce property rights is disproportionate, in view of the potential risks to health and dignity that the spraying presents, even if only as a result of accidents.

Keywords

Administrative Law -- Judicial review, Constitutional Law -- Basic Law: Human Dignity and Liberty, Property -- Squatters

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