FAST REWIND
* Complaint to GCZMA against illegal construction of Curlies
* GCZMA probe panel recommends withdrawal of the proceedings
* Aggrieved party approaches National Green Tribunal at Pune
* NGT directed GCZMA to hear concerned parties within 4 months
* GCZMA expert members note gross violation of CRZ 2011 rules
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The National Green Tribunal on Monday vacated a stay against the demolition of Curlies beach shack and allied structures on the Anjuna beach, original petitioner Kashinath Shetye has said.
The order to demolish the structures was first passed by the Goa Coastal Zone Management Authority in its final meeting on July 20.
“They had first approached the High Court against the order of the GCZMA which asked him to approach the NGT allowing him 30 days freeze on the NGT order. Initially the NGT had ordered status quo, but today (Monday) the status quo has been vacated,” Shetye told The Goan.
Shetye along with one Sagardeep Sirsaicar had first complained to the GCZMA alleging illegal construction of a Restaurant and nightclub “Curlies” in the property by one Edwin Nunes and Linet Nunes
The matter was forwarded to the Inquiry Committee of the GCZMA and Deputy Collector Bardez for an inquiry in the matter. The inquiry committee submitted its report recommending to the GCZMA to withdraw the proceedings.
Aggrieved, Shetye approached the NGT, Pune challenging the alleged illegal construction and the inaction on the part of the GCZMA.
The NGT directed the GCZMA to hear the concerned parties with an opportunity to produce the documents in support of their case and to dispose the complaint of the Applicant as expeditiously as possible within a period of four months.
Subsequently, the GCZMA sent its expert members to conduct a site inspection and the experts Antonio Mascarenhas and Raghunath Dhume reported that there were commercial activities noted in the NDZ, a sea wall of concrete without permissions from the competent authorities are a gross violation of CRZ 2011 rules.
The alleged violators however have provided evidence of existence of structures prior to 1991, however due to counter evidence produced Shetye showed that only a small structure existed in the property but that too was removed and did not exist in the year 2004 when the High Court Order demolition of the structure.
The owners could also not produce permissions or licences of electricity connection, bar license, trade license of the panchayat, commercial tax registration, shops and establishment licence to prove the existence of the structure prior to 1991. The GCZMA then ordered demolition, withdrawal of his permissions and to restore the land to the original state.
