MAPUSA
In a landmark decision, the National Green Tribunal (NGT) has upheld the demolition order against Curlies, a well-known nightclub, bar, and restaurant situated in Anjuna.
The ruling marks a significant victory for environmental regulations and coastal zone management in Goa.
The tribunal dismissed an appeal by Linet Nunes, the owner of Curlies, who had challenged the demolition directive issued by the Goa Coastal Zone Management Authority (GCZMA).
The order mandated the demolition of the illegal ground-plus-one structure located on Survey No. 42/10, within the Anjuna panchayat jurisdiction.
The structure had further encroached into adjacent plots, namely Survey Nos. 42/9, 11, 45/19, and 45/41.
The GCZMA's order also required the restoration of the land to its original state.
The legal battle over Curlies has been protracted, with numerous twists and turns.
The matter was reheard by the NGT following a Supreme Court directive in January 2023, which ordered the green court to provide a fresh opportunity for both the applicant and the coastal authority to present their cases, and to issue a new order based on the law.
In a comprehensive 29-page order pronounced on May 31, 2024, a bench comprising Justice Dinesh Kumar Singh and Expert Member Dr Vijay Kulkarni dismissed Nunes' appeal.
The bench found her claims regarding the structure's existence prior to the 1991 Coastal Regulation Zone (CRZ) notification to be unsubstantiated.
The 1991 CRZ notification prohibits new constructions in designated coastal areas to protect the fragile ecosystem.
Central to Nunes' defense was the assertion that the premises had been an old residential structure predating 1991, later converted into a restaurant.
However, the NGT determined that the documentary evidence presented by Nunes, including house tax receipts, panchayat NOCs and certificates, and a Gut book extract, were unreliable and insufficient to substantiate her claim.
The NGT identified several discrepancies in the panchayat's documentation.
It noted that some documents appeared forged, while others had been tampered with or torn.
The court highlighted that the original Gut book of the Directorate of Land Survey and Land Records (DSLR) showed no structure in the disputed property. This raised serious questions about the validity of the Gut book maintained by the Talathi of Anjuna, suggesting possible fraudulent manipulation in collaboration with local officials.
The tribunal placed significant weight on a 2008 technical report by Remote Sensing Instruments, Hyderabad.
The report conclusively demonstrated that no structure existed on Survey No. 42/10 prior to 1991.
The court observed, “The technical report of the project prepared by Remote Sensing Instruments, Hyderabad, clearly shows that there did not exist any structure prior to 1991 in Survey No. 42/10,” casting further doubt on Nunes' claims.
Additionally, the NGT questioned how the small original plinth area could have been expanded into the large restaurant and bar that currently exists, without the necessary permissions.
The GCZMA had argued that even if a structure existed earlier, Nunes had failed to obtain the required approvals and licenses to convert it into a commercial establishment, especially in a no-development zone close to the high tide line.
The tribunal also dismissed Nunes' claim of denial of natural justice, noting that her representative was present during the GCZMA's site inspection in July 2016.
The court found no specific infirmities in the inspection report that Nunes could substantiate.
This ruling by the NGT is a significant enforcement of coastal zone regulations in Goa, setting a precedent for future cases involving unauthorized constructions in environmentally sensitive areas.
The demolition of Curlies is expected to proceed, restoring the area to its natural state and reaffirming the importance of adhering to environmental laws and regulations.
