CANACONA
In yet another crackdown on establishments in the aftermath of the Arpora nightclub fire that claimed 25 lives, authorities on Monday sealed the famous ‘The Cape Goa’ in Cabo de Rama for alleged violations and endangering public safety.
The order issued by Maya Pednekar, Executive Magistrate and Chairperson of Joint Enforcement & Monitoring Committee, Canacona, was passed ex-parte, dispensing with prior notice, in view of the imminent threat to human life and property.
“Upon careful consideration of the inspection report and material placed before me, I am satisfied that the danger is real, proximate and imminent; the premises are being used in a manner endangering public safety; and immediate intervention is necessary in the interest of protection of human life and property,” stated Pednekar in her order.
THE INSPECTION
An inspection was carried out by the Joint Enforcement and Monitoring Committee at ‘The Cape Goa’ at at Kuddi, Cabo de Rama, on December 12 at 12.25 pm.
During the inspection, the committee observed that the ‘The Cape Goa’ “was being operated and used in gross violation of mandatory statutory safety requirements.”
“The premises were found overcrowded, accommodating more than 24 persons, far beyond permissible limits; no approved structural plan or structural stability certificate was produced; the kitchen was found unsafe, having no proper exit, and was operating with a high fire hazard risk,” stated the order.
“The pantry section had no exit, posing a serious safety hazard; 29 commercial LPG cylinders were found stored in open, near the exhaust blower/duct, which is extremely unsafe. The absence of a designated LPG bank and non-installation of LPG gas leak detectors posed a serious and immediate fire and explosion hazard.”
Pednekar noted there was no separate exit provided from the restaurant area, while fire extinguishers and fire-fighting equipment were absent in the restaurant seating area, kitchen, staff pantry, storeroom, bakery, and additional storeroom located below the restaurant.
“The kitchen area and movement / entry routes were obstructed, and cooking ranges were placed in movement areas; No clear signage indicating entry, exit, escape routes, or assembly point was displayed.”
“The exit point was obstructed by 29 commercial LPG cylinders and the MCB distribution board was found open and unsafe. Loose connections/joints were noticed and entire wiring is dangerous.”
THE IRREGULARITIES
Pednekar observed that the Tourism Department had granted permission for a private shack for one temporary shack (8x18 metres) in Survey No. 269-2.
“However, it was observed that the establishment is operating a full-fledged restaurant beyond the sanctioned plinth area, with a bar counter, attached kitchen, bakery, pantry, staff mess (with approximately 120 staff members), staff rooms in the basement, around 40 tables with an average seating capacity of 120 persons, housekeeping room, electrical room, feeding room, additional storage room, spa room, etc., which is far in excess of the capacity and area approved by the Tourism Department,” stated Pednekar.
“Alteration and cutting of slope (NDZ slope) has been carried out in violation of the Coastal Regulation Zone (CRZ) Notification. The owner/occupier failed to produce copies of the construction licence, occupancy certificate, trade licence, TCP clearance, and other mandatory statutory approvals,” the order stated.
THE DIRECTIVES
Pednekar noted that the continued operation of the premises without mandatory safety clearances poses an imminent, grave and real threat to human life and property, particularly in the event of fire, electrical short-circuit, structural failure, or any emergency requiring evacuation.
Directing that the entire premises of ‘The Cape Goa’, comprising of all structures at Kuddi, Cabo de Rama, shall be sealed forthwith with immediate effect, Pednekar ordered that no person shall enter, occupy, use, or permit the use or operation of the premises for any purpose whatsoever until further orders and until full compliance with all applicable fire safety, electrical safety, structural safety and statutory requirements is achieved and duly verified by the competent authorities.
Pednekar noted that the owner or person in charge has been granted liberty of post-decisional hearing and may appear before the District Collector, South Goa, within 15 (fifteen) days from the date of issuance of the order, along with documentary proof of compliance, to show cause why this order should not be confirmed, modified or revoked.
The Electricity Department and Public Works Department (PWD) have been directed to disconnect/suspend electricity and water supply, respectively, to the premises forthwith, until further orders.
Pednekar clarified that the action to seal the premises “is purely preventive and temporary in nature and shall not be construed as punitive or as a determination of any civil or criminal liability.”
