PANAJI
The Goa government has geared up to pull down the illegal Curlies shack, a swift action to comply with the verdict of the National Green Tribunal (NGT) upholding Goa Coastal Zone Management Authority's (GCZMA) six-year-old order for its demolition.
Government sources told The Goan that in view of the NGT order, pronounced on September 6, Chief Minister Pramod Sawant chaired a high-level meeting with the district administration and the police to prepare for the upcoming demolition drive likely on Friday morning. The formalities were carried out on Thursday evening and the police department was directed to deploy its personnel at the site to ensure smooth execution of the demolition drive.
Entire district machineries are on their toes as sources said government is leaving no stone unturned to carry out the task before the matter is challenged in the higher court for interim relief or stay.
Officials from the PWD, Electricity and revenue were also at the site till late night to assist the demolition squad headed by the Collector.
The NGT order comes at a time when the once iconic shack is currently in the line of fire owing to its alleged links in drug trade. The shack that consists of a restaurant, bar and night club, recently saw BJP leader Sonali Phogat being allegedly drugged by her accused eventually leading to her death.
Earlier, the co-owner of the property Linet Nunes failed to put up a strong stand before the NGT in the six-year-old order pronounced by GCZMA directing to raze the CRZ-violating structures.
A five-member Bench chaired by Justice Adarsh Kumar Goel accepted the reports produced by the GCZMA confirming that Curlies is a permanent commercial structure and built in the No Development Zone post-2003, and not before 1991.
“We do not find any merit in the appeal and there is no ground to interfere with the impugned order (of the GCZMA),” it said observing that documents relied upon by the appellant at best show that NOC granted by the Panchayat was pertaining to some construction in Survey No.42/10 and that the house tax receipts endorse it.
“Question is whether structures now found are the same which existed prior to 1991 in respect of which NOC was given by Panchayat or house tax receipts were issued. The answer is ‘no’. The nature of the structure at present is a permanent construction, beyond the original temporary construction limited to Survey No. 42/10. Present constructions extend to Survey Nos. 42/9, 11, 45/19, 45/41,” the order further states paving way for its demolition. The order pronounced on September 6 was released on Thursday. On Thursday, the GCZMA had filed an application seeking fresh hearing as it couldn't enter the video conference hearing despite attempts by its advocates, owing to technical glitch.
Original complainant Kashinath Shetye, on August 17, 2015, had filed a complaint against the illegal construction in Survey No. 42/10 before the GCZMA. He alleged that the structures were extended up to the adjacent properties bearing Survey Nos. 42/9 and 42/11, carried out by Edwin Nunes.
A report by the field officers of concerned authorities conducted nearly a year later, found illegal constructions of permanent nature in violation of CRZ Notification, 2011. GCZMA accepted the report and held that these structures in existence were not temporary and were constructed post-2003.
Linet thereafter appealed against the order, which moved from the High Court of Bombay at Goa to the Supreme Court and finally the NGT.
