PANAJI: The National Green Tribunal (NGT) has dismissed the petition filed by Linet Nunes against the GCZMA order for demolition of Curlies Beach Shack in Anjuna as it was found to be constructed illegally in the ‘No-development Zone’ in CRZ-III in violation of CRZ Notification, issued under the EP Act.
“We do not find any merit in the appeal, and there is no ground to interfere with the impugned order. Documents relied upon by the appellant at best show that NOC was granted by the Panchayat in respect of some construction in Survey No.42/10. House tax receipts also show the same. These are the
basis of the earlier enquiry report and report of SDM. The same was rejected, and fresh report was submitted for the reasons noted above,” the NGT said.
“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 as at present is a permanent construction, beyond the original temporary construction limited to Survey No. 42/10. Present constructions extend to Survey No. 42/9, 11, 45/19, 45/41. Though learned senior counsel submits that only structure in Survey No. 42/10 belongs to the appellant
and other structures do not belong to the appellant. The fact remains that
all the constructions are found to be occupied by the appellant. Even construction in survey no. 42/10 is not pre-1991. Fresh construction has been raised in replacement of the original one for commercial purposes, without requisite permission, in no development zone,” NGT said
With this, the Environment & Forests, the Government of India, and the GCZMA have directed the closure of all commercial activity in the form of Night clubs, Bar & restaurants being run by Edwin Nunes and Linet Nunes.
Also, the Commissioner of Excise Department has been directed to withdraw the Excise license granted to Edwin Nunes and Linet Nunes for sale and consumption of liquor in the Curlies Night Club, Bar & Restaurant within 30 days while also directing the Chief Electrical to disconnect the power supply connection to the said structure.
While Village Panchayat of Anjuna has been urged to withdraw the Trade License to the activity carried out in the said structure and further ensure its compliance.
During the inspection, it was found that illegal constructions of permanent nature were in violation of CRZ Notification, 2011. GCZMA accepted the report and held that the structures in existence were not of temporary nature and were constructed post-2003, and the same was not being reflected in the Google image of 2003. A plea that the structures in question existed prior to 1991 was rejected.
“The Google images of 2003 also do not show any structure in the said property existing in 2003. Therefore, it is apparent that said structure is new and has been constructed in violation of CRZ Notification right on the High Tide Line of the sea,” the NGT order states
Order for a second inspection was passed after considering the application inter alia, submitting that in the year 2004, the earlier structure was demolished on directions of the High Court. The appellant raised fresh constructions. As per the re-survey carried out by the GCZMA on directions of the Bombay High Court in W.P No. 422/1998, no structure was found on existence in the year 2008.
The restaurant on Goa’s famous Anjuna beach, where Haryana BJP leader Sonali Phogat had visited before coming back to her hotel and complaining of uneasiness, was in the limelight 14 years ago when a British teenager had died. Sonali Phogat (42) had visited ‘Curlies’ restaurant on Monday night and was brought dead to the St Anthony Hospital in Anjuna in North Goa district from her hotel on August 23 morning.