Supreme Court stays ongoing demolition of Goa’s Curlies restaurant
5 min readBy PTI
NEW DELHI: The Supreme Court on Friday stayed the demolition of a restaurant at Anjuna in North Goa which was within the information not too long ago following the dying of BJP chief Sonali Phogat, after its counsel claimed the related laws weren’t relevant because the constructing was in existence previous to 1991.
A bench comprising Chief Justice Uday Umesh Lalit and justices S Ravindra Bhat and P S Narasimha heard the matter on an pressing foundation after the counsel for the restaurant proprietor claimed the demolition was already underway whereas he was arguing the case.
“Considering the fact that the impugned order was passed on September 06, 2022 and the fact that the demolition has been going on, we have taken this matter on Board and heard learned counsel,” the bench mentioned.
Senior lawyer Huzefa Ahmadi, showing for restaurant proprietor Linet Nunes, referred to sure paperwork to submit that “the structure in Survey No.42/10 was in existence prior to the year 1991” and it can’t be punished for the violation of the Coastal Regulation Zone (CRZ) norms.
He mentioned that solely “Survey No.42/10 belongs” to Nunes and different buildings don’t belong to him. “Consistent with the statement made by the learned senior Advocate on behalf of the appellant, structures in existence in lands other than Survey No. 42/10, are not covered by the width of this Order. Resultantly, if there be any unauthorized construction in lands other than Survey No. 42/10, the demolition can certainly go on. (b) There shall be a stay of demolition with respect to structures standing on Survey No. 42/10 subject to the appellant not undertaking any commercial activity in or with respect to said structure,” it mentioned.
Passing an order, the bench requested the counsel for the Goa Coastal Zone Management Authority to convey the order to the authorities immediately for compliance.
The bench requested the restaurant and bar proprietor of ‘Curlies’ restaurant to droop industrial actions in the intervening time.
The Goa authorities on Friday morning started demolishing the restaurant for alleged violation of the Coastal Regulation Zone (CRZ) norms.
Meanwhile, the demolition of components of Curlies Restaurant resumed Friday afternoon following a short halt because of a Supreme Court order.
The apex court docket earlier within the day stayed the demolition so the motion was halted for a number of hours, however the order was restricted to solely the a part of the restaurant standing on a specific survey quantity, mentioned a senior official of the Goa Coastal Zone Management Authority (GCZMA) in Panaji.
Phogat was discovered partying on the outlet hours earlier than her dying. Its proprietor Edwin Nunes was amongst 5 individuals arrested within the Phogat dying case and he was later granted bail.
The motion in opposition to the restaurant was initiated after its proprietor didn’t get any respite from the National Green Tribunal (NGT) in opposition to the 2016 demolition order of the GCZMA.
The case was heard on September 6 by the NGT bench chaired by Justice Adarsh Kumar Goel. The bench had upheld the order of GCZMA disposing of the petition filed by the restaurant administration.
On Thursday, the district administration had issued a discover asking its demolition squad to raze the construction on Friday.
NEW DELHI: The Supreme Court on Friday stayed the demolition of a restaurant at Anjuna in North Goa which was within the information not too long ago following the dying of BJP chief Sonali Phogat, after its counsel claimed the related laws weren’t relevant because the constructing was in existence previous to 1991.
A bench comprising Chief Justice Uday Umesh Lalit and justices S Ravindra Bhat and P S Narasimha heard the matter on an pressing foundation after the counsel for the restaurant proprietor claimed the demolition was already underway whereas he was arguing the case.
“Considering the fact that the impugned order was passed on September 06, 2022 and the fact that the demolition has been going on, we have taken this matter on Board and heard learned counsel,” the bench mentioned.
Senior lawyer Huzefa Ahmadi, showing for restaurant proprietor Linet Nunes, referred to sure paperwork to submit that “the structure in Survey No.42/10 was in existence prior to the year 1991” and it can’t be punished for the violation of the Coastal Regulation Zone (CRZ) norms.
He mentioned that solely “Survey No.42/10 belongs” to Nunes and different buildings don’t belong to him. “Consistent with the statement made by the learned senior Advocate on behalf of the appellant, structures in existence in lands other than Survey No. 42/10, are not covered by the width of this Order. Resultantly, if there be any unauthorized construction in lands other than Survey No. 42/10, the demolition can certainly go on. (b) There shall be a stay of demolition with respect to structures standing on Survey No. 42/10 subject to the appellant not undertaking any commercial activity in or with respect to said structure,” it mentioned.
Passing an order, the bench requested the counsel for the Goa Coastal Zone Management Authority to convey the order to the authorities immediately for compliance.
The bench requested the restaurant and bar proprietor of ‘Curlies’ restaurant to droop industrial actions in the intervening time.
The Goa authorities on Friday morning started demolishing the restaurant for alleged violation of the Coastal Regulation Zone (CRZ) norms.
Meanwhile, the demolition of components of Curlies Restaurant resumed Friday afternoon following a short halt because of a Supreme Court order.
The apex court docket earlier within the day stayed the demolition so the motion was halted for a number of hours, however the order was restricted to solely the a part of the restaurant standing on a specific survey quantity, mentioned a senior official of the Goa Coastal Zone Management Authority (GCZMA) in Panaji.
Phogat was discovered partying on the outlet hours earlier than her dying. Its proprietor Edwin Nunes was amongst 5 individuals arrested within the Phogat dying case and he was later granted bail.
The motion in opposition to the restaurant was initiated after its proprietor didn’t get any respite from the National Green Tribunal (NGT) in opposition to the 2016 demolition order of the GCZMA.
The case was heard on September 6 by the NGT bench chaired by Justice Adarsh Kumar Goel. The bench had upheld the order of GCZMA disposing of the petition filed by the restaurant administration.
On Thursday, the district administration had issued a discover asking its demolition squad to raze the construction on Friday.
