Prerna Gala
Published on: September 9, 2022 at 18:56 IST
The famous Curlies Beach Restaurant buildings at one specific survey number in Goa were scheduled to be demolished on Friday, but the Supreme Court put a hold on that until the next hearing date, as long as they refrain from conducting any business. In the event that there are any unauthorized.
Constructions on property not covered by the designated survey number may undoubtedly be destroyed. The restaurant’s proprietors went to the Court challenging the Goa Coastal Zone Management Authority’s demolition action after finding violations of the CRZ rules.
Sonali Phogat, a BJP leader, was recently discovered dead in the restaurant on August 23 after reportedly being drugged.
Edwin Nunes, the proprietor of the restaurant, has been detained by the Goa Police after methamphetamine, which was allegedly handed to Phogat, was discovered in the shack’s bathroom. A court in Mapusa has granted bail to Nunes.
While the demolition was taking place, the owners filed an appeal with the Supreme Court. The bench issued notice to the Goa Coastal Management Authority and other respondents.
The National Green Tribunal had upheld the Goa Coastal Zone Management Authority’s earlier order to demolish the iconic shack; however, the demolishment has been stayed, and notice has been issued to the respondents.
Senior Advocate Huzefa Ahmadi brought up the matter urgently this morning before the bench of Chief Justice of India UU Lalit.
The bench comprising Chief Justice U.U. Lalit, Justices Ravindra Bhat and P.S. Narasimha made the matter returnable on the next Friday and noted that the court would require all reports as part of the evaluation, including images and photographs on the subject, in the interim.
CJI Lalit noted that,
“This matter was mentioned urgent listing and considering the fact that the order was passed on 6th September 2022 and the fact that the demolition has been going on, we have taken this matter on board and heard counsel. The appellant invited our attention to certain documents which show that the structure in Survey 42/10 was in existence prior to 1991.”
“Mr. Ahmadi……clients stands by the statement which was recorded by NGT to the effect that only 42/10 belongs to the appellants and other structures do not belong to the appellant. Issue notice to this appeal returnable on next Friday. The notice has been accepted notice on behalf of Goa Coastal Management Authority. Other respondents be served notice.”
The court further directed that,
“Consistent with the statement made by appellant, structures in existence in lands other than Survey 42/10, are not being covered by the width of this order.”
“Resultantly, if there be unauthorized construction in lands other than the demolition can certainly go on. There shall be stay on demolition with respect to structure of 42.10 subject to the appellants not undertaking any commercial activities in respect of structures.”
The court ordered the Respondents to submit their answer to the matter, together with images and reports, by Wednesday.