Ecosystem protecting illegality must be dismantled: High Court

The Bombay High Court at Goa on Monday made it clear that it would treat the Arpora nightclub fire tragedy with utmost se riousness, cautioning that it would examine the case thoroughly to serve the best interests of the State. Hearing a suo motu public interest litigation (PIL) into the devastating fire at the Birch by Romeo Lane night club that claimed 25 lives, the Court observed that an ‘ecosystem protecting ille gality’ had taken root and must be dismantled. Appearing for the State, Advocate General Devidas Pangam informed the Court that the nightclub was a completely illegal structure and must be demolished. He said a demolition notice had been issued earlier, but the appellate authority had granted an indefinite stay, following which the official responsible for granting the stay was suspended. Pangam asserted that the government had no sympa thy for illegal commercial establishments and reiter ated the State’s resolve to take strict action against unauthorised constructions across Goa. He also offered suggestions to the Court on strengthening enforcement mechanisms. Amicus Curiae Advocate Rohit Bras de Sa stressed that strict compliance with building regulations was non-negotiable. He pointed out that under the Regional Plan, the land on which the nightclub stood was catego rised as a salt pan. However, the Court was also informed that the Goa Coastal Zone Management Authority (GCZMA) had discharged a show-cause notice issued to the establishment about two weeks ago, stating that the site was not classi fied as a salt pan under the Coastal Zone Management Plan (CZMP). Adv de Sa highlighted what he described as a systemic failure, stating that commercial activities were being per mitted to operate from illegal structures, aided by village panchayats issuing successive no-objection certificates (NOCs). He pointed out that the structure lacked an occu pancy certificate, without which business operations are legally impermissible. Referring to earlier High Court directions, the amicus cu riae noted that occupancy certificates had been made man datory even for temporary structures, and that in another PIL, the Court had ordered the removal of illegal structures after categorisation. He said these directions were subse quently diluted following legislative changes. “As many as 25 people lost their lives in the fire, and I want to be their voice,” he said, adding that responsibility did not rest only with the sarpanch and panchayat secretary, but also with legislators who had undermined the implementation of the Goa (Regulation of Land Development and Building Con struction) Act. The amicus curiae further urged the Court to direct that once the chargesheet is filed, the criminal trial be conduct ed on a day-to-day basis, even beyond court hours, describ ing this as the most effective deterrent. Taking note of the submissions, the High Court granted time to the State government to submit a list of individuals and authorities who could be impleaded as respondents, and adjourned the matter to Tuesday, January 13.

OPPN PROTESTS, ESCORTED OUT AFTER RUCKUS OVER TRAGEDY

- Advertisement -

Add as preferred source on Google

If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.

The Goa Legis lative Assembly’s winter session began on a stormy note on Monday, with op position members staging protests over the Arpora nightclub fire that claimed 25 lives. As Governor Ashok Gajap athi Raju began his address, Leader of the Opposition Yuri Alemao sought to raise the issue, but when the re quest was ignored, he and other MLAs holding plac ards moved to the well of the House and raised slogans. Despite repeated appeals by Speaker Ganesh Gaonkar and Chief Minister Pramod Sawant for order, the protests continued, forcing marshals to escort the members out. At a subsequent press conference, opposition MLAs slammed the gov ernment’s response to the tragedy, calling for accountability. Benaulim MLA VenzyViegas alleged the deaths occurred due to illegal permissions granted by authorities and crit icised the government for failing to acknowledge the trag edy, including not offering condolences or observing a mo ment of silence in the House. Leader of the Opposition Yuri Alemao expressed frustra tion over the handling of the matter, saying the opposition had sought permission to speak on the incident after offer ing prayers for the deceased, but the Governor proceeded with his prepared address. Fatorda MLA VijaiSardesai add ed that the tragedy, which occurred at a nightclub in the Salt Pan area, had impacted Goa’s image and should have been addressed in the Governor’s speech. The opposition has demanded a detailed discussion in the Assembly on the incident and accountability for alleged lapses, while the government maintains that Assembly procedure and decorum must be followed during the Governor’s address

Share This Article