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The NGT ruled that the structures currently on the ground were not those for which the village panchayat granted a NOC in 1991...
Digital Desk: The National Green Tribunal (NGT) has dismissed an appeal filed by the owner of Curlies beach shack in Goa's Anjuna against a 2016 order of the Goa Coastal Zone Management Authority (GCZMA) ordering the demolition of its buildings, reportedly in violation of Coastal Zone Regulation (CRZ) guidelines.
"Fresh construction has been raised in replacement of original one for commercial purposes, without requisite permission in no development zone," the NGT observed while dismissing the appeal filed by Linet Nunes, the owner of Curlies.
The ruling allows for the removal of the structures along the beach occupied by the popular beach shack.
Following the death of actor and Haryana BJP politician Sonali Phogat, Curlies, a popular tourist destination in Anjuna, recently came under the spotlight. Phogat had allegedly visited Curlies the night before her death on August 23. The Goa Police detained Edwin Nunes, the owner of the hut, for a separate NDPS Act violation after methamphetamine, reportedly delivered to Phogat, was found in the shack's bathroom. A judge in Mapusa has granted bail to Nunes.
Under the Environment (Protection) Act of 1986, the GCZMA ordered the demolition of the beach shack buildings on July 21, 2016. It had claimed that the buildings were constructed unlawfully in a CRZ-III "no development zone." The GCZMA had directed the closure of the night club, restaurant, and bar. It also ordered the Excise Commissioner to revoke the establishment's liquor licence, the energy department to cut off the establishment's power supply;and the Anuja Village Panchayat to revoke its trade licence.
The appeal against the GCZMA's order had been made before the NGT by Linet Nunes, who co-owned the restaurant with Edwin Nunes. On August 17, 2015, a complaint was made against the shack owners' illegally constructed buildings, and as a result, a show-cause notice was sent to them. In February 2016, the deputy collector conducted an investigation and submitted a report, which the complainant, Kashinath Shetye, challenged before the GCZMA and the NGT. In March 2016, the NGT dismissed the petition, directing the GCZMA to allow the complainant to challenge the report. The GCZMA then demanded a second inspection of the property. A report was submitted after the re-inspection on July 15, 2016 that found "illegal constructions of permanent nature" which were in violation of the CRZ notification of 2011. The GCZMA accepted the report and determined that the structures were built after 2003 and were not visible in the 2003 Google pictures.
After the second inspection report was submitted, the owners of the shack were not given the opportunity to be heard by the GCZMA, according to counsel for Nunes, who spoke before the NGT. However, according to the GCZMA, Nunes did not show up for the second inspection in 2016 and did not contest it at the time.
The NGT ruled that the structures currently on the ground were not those for which the village panchayat granted a NOC in 1991 or for which house tax receipts were issued. It stated that it found no merit in the appeal and refused to interfere with the GCZMA's decision.
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