PANAJI
The Bombay High Court at Goa has found that the directions issued by the Anjuna Police to the owner of Curlies beach shack and nightclub at Anjuna “to shut down the operation of Curlies Beach Shack in order to prevent further commission of the crime” is without jurisdiction.
The High Court, however, noted that quashing the Anjuna Police order would make no sense at this time, given the subsequent developments in which the Curlies shack owner Linet Nunes has assured the Supreme Court that there will be no commercial activities at the premises for as long as the matter is pending before the National Green Tribunal.
The Anjuna Police Inspector Prashal Dessai in an order issued on August 29, 2022, to Linnet Nunes, the owner of Curlies beach shack informed them that “during the course of the investigation it was found that… establishment Curlies Beach Shack is operated without necessary permission/ licences.
“The unauthorised operation of Curlies Beach Shack, Anjuna Goa resulted in serious incidents which are referred to above. Therefore, in order to prevent further commission of crime at Curlies Beach Shack, Anjuna Goa, you are directed to shut down the operation of Curlies Beach Shack,” the order read.
“At least prima facie, we are satisfied that the above order is without jurisdiction. Powers of this nature could not have been exercised by resorting to Section 149 of CrPC. Further, before making such orders, at least minimum compliance with principles of natural justice was expected,” the High Court bench of Justices M S Sonak and Bharat Deshpande ruled.
The High Court, however, noted that: “Since the petitioner has undertaken not to carry out any commercial activities from the subject premises until the disposal of proceedings before the National Green Tribunal (NGT), we clarify that should the proceedings before the NGT conclude in favour of the petitioner, then, the above impugned order dated 29.08.2022 will not come in the way of the petitioner from undertaking permissible activities from the subject premises.”
The Supreme Court earlier quashed the NGT’s order to demolish the Curlies beach shack and restaurant and asked the NGT to hear the matter afresh after the owners told the court that the GCZMA was not present in the court when the NGT’s order was issued denying them an opportunity to defend their case.
The interim protection granted by the Supreme Court continues until the NGT hears the appeal afresh and decides the matter.
