The High Court of Bombay at Goa on Monday took a tough stance on illegal commercial structures in the State by converting a civil suit concerning the Birch by Romeo Lane nightclub at Arpora into a suo motu petition. The bench, com prising Justices Sarang Kotwal and Ashish Cha van, observed that illegal commercial constructions were at the root of re curring problems, high lighting systemic lapses by local authorities in enforcing laws. Advocate Rohit Bras de Sa, representing pe titioners Pradeep Ghadi Amonkar and Sunil D Divkar, was appointed amicus curiae to assist the court. The Court directed the Registrar of the High Court to formally convert the writ petition into a suo motu petition. In a stern observation, the bench said the local panchayat had “failed to take suo motu cogni sance” of the nightclub and had taken “no action despite complaints.” The judges pointed out that commercial operations continued in the struc ture despite a demolition order being served. The Court further direct ed the Goa government to file a detailed reply regarding the permis sions granted to the fa cility. The next hearing has been scheduled for January 8. The original petition was filed after the De cember 6 tragedy by Amonkar and Divkar, who are the owners of the land on which the nightclub operated.
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In their petition, they highlighted “the alarming pattern of statutory violations that have remained inadequately addressed despite multiple complaints, inspections, show cause notices and even a demolition order.” They contend ed that these violations posed “immediate threats to public safety, ecological integrity, and the rule of law in the state of Goa.” Investigations into the nightclub fire revealed multiple irregularities, including the lack of legal permission to op erate. During the hearing, the Court observed that many commercial establishments across Goa were operating in illegal structures without occupancy certificates and in vi olation of the Goa (Regulation of Land Development and Building Construction) Act. The bench stressed that ac countability for such violations was being evaded and that the only way to enforce building regulations was to hold responsible officials liable. The Court has directed the government to identify spe cific legal provisions and assign ultimate responsibility and accountability to the concerned officials. It has also asked for a statement on the steps being taken to fix responsibil ities in such cases. The petitioners had sought directions for authorities to enforce statutory provisions, warning that inaction could create dangerous precedents and encourage similar viola tions State-wide. They emphasized that strict enforcement would send a clear message that Goa’s environmental pro tection laws, building safety regulations, and land-use con trols would be taken seriously. Reacting to the High Court’s decision, petitioner Pradeep GhadiAmonkar said, “I am happy that the High Court took suomotu cognisance of the Arpora fire tragedy. Our writ petition will continue. I have been fighting against the ille galities committed by Birch by Romeo Lane operators for the last 21 years over possession of my land. The illegal ities continue, with commercial establishments, including shops and restaurants, running without occupancy certif icates on my property. Surinder Kumar Khosla, who was allegedly running the nightclub, had obtained 34 permis sions while violating multiple statutory provisions.” Environmentalist Claude Alvares welcomed the court’s intervention, saying, “One has to thank the High Court for coming to the assistance of Goa in troubled times. We have lost faith in the government in implementing any rule or statutory requirement. It is only money that prevails. I have never seen such extensive corruption at all levels, from panchayat members to the highest authorities. It is very distressing. If it was not for the High Court, we would have long since been doomed. Every month, 10 new real estate firms are registered in Goa, according to information given in the Rajya Sabha.” Former Calangute panchayat member PremanandDivkar added, “There is no proper system in place to check illegal ities. The rules exist only on paper and are not implement ed. Government authorities failed to act on the complaint filed by Pradeep GhadiAmonkar and Sunil Divkar against the violations committed by the Birch Romeo Lane until 25 people died in the fire. If the authorities had acted, the tragedy could have been averted. People were demanding action against the illegalities, but there was dereliction of duty. All illegal nightclubs should be sealed.” The High Court’s decisive intervention underscores the urgent need for accountability and enforcement in Goa, sig nalling a potential crackdown on illegal commercial estab lishments operating with impunity
