MARGAO: The National Green Tribunal (NGT) dismissed an appeal from the Goa nightclub ‘Curlies’ against its demolition, affirming the order issued by the Goa Coastal Zone Management Authority (GCZMA) for violating Coastal Regulation Zone (CRZ) guidelines.
In an appeal submitted by the nightclub’s owner, Linet Nunes, the NGT bench, comprising Dinesh Kumar Singh and Dr Vijay Kulkarni, found the owner’s claim that the structure existed before the 1991 CRZ notification to be unsubstantiated, inconclusive or downright fabricated.
“The Google (satellite) images from 2003 did not display any structure at the current location of the nightclub. Additionally, the appellant failed to furnish permissions from Excise Department and Town and Country Planning Department, to show that she was operating from the disputed structure before 1991. This lack of concrete evidence led to the dismissal of the claim,” the NGT stated.
NGT also determined that the house tax receipts, panchayat NOCs, certificates and a Gut book extract were unreliable and insufficient to substantiate the claims of the appellant and also identified various discrepancies in the documentation of the Anjuna panchayat.
The court also highlighted that the Gut book of the Directorate of Land Survey records (DSLR) showed no existence of structure in the disputed property, raising the validity of the Gut book maintained by the Anjuna talathi, suggesting possible fraudulent manipulation in collaboration with local officials.
The NGT’s Western zone reconsidered the case following the Supreme Court’s directive to ensure both parties were heard before making a fresh ruling based on the law.
The controversial nightclub, situated at south Anjuna beach, underwent partial demolition per the NGT’s orders.
This demolition followed the incident involving BJP leader and actor Sonali Phogat, who spent her final hours at Curlies and was allegedly drugged before passing away in August 2022.
Curlies’ owner had argued that the existing structure was a renovation of an older building that predated 1991, thus exempt from CRZ regulations. However, the owner failed to substantiate this claim with credible evidence.
“There is no indication that the existing structure is merely an extension of an older one without new construction. It is implausible that such significant construction occurred without the necessary permissions from the GCZMA or other relevant authorities, and no license for running the hotel was presented. This alone justifies the demolition order,” the NGT concluded.
The GCZMA defended its demolition directive, asserting that the evidence presented to prove the structure’s prior existence was fabricated.
The GCZMA highlighted that a certificate dated May 5, 1982, allegedly from the Village Panchayat, Anjuna-Caisua, was fake since Goa became a state only in May 1987. Prior to statehood, it was a Union Territory, known as the “Government of Goa, Daman and Diu.”
“The emblem on the disputed document is from the state government of Goa, not from the Union Territory era. In 1982, when Goa was a Union Territory, the emblem used was the Ashok Stambh,” GCZMA noted.
“The appellant failed to demonstrate how the original 242 sq meter plinth area expanded into such a large hotel without authorization, which justifies the GCZMA’s demolition order,” the NGT ruled.
