Supreme Court Stays Demolition Of Goa's Curlies Restaurant Buildings In One Survey Number Subject To Suspension Of Commercial Operations

The Supreme Court, on Friday, stayed the demolition of Goa's iconic Curlies Beach Restaurant's buildings in one particular survey number, subject to the condition that they will not undertake commercial operations till the next hearing date.

The Court made it clear that if there are unauthorized constructions in land other than the specified survey number, they can certainly be demolished.

The owner of the restaurant Linet Nunes approached the Court challenging the demolition action started by the Goa Coastal Zone Management Authority over violations of the CRZ regulations. BJP leader Sonali Phogat was recently found dead in the restaurant on August 23, after being allegedly drugged. The Goa Police has arrested Edwin Nunes, the owner of the restaurant, after Methamphetamine, allegedly given to Phogat, was found in the bathroom of the shack. Nunes has been granted bail by a court in Mapusa.

While the demolition action was underway, the owners appealed to the Supreme Court. Senior Advocate Huzefa Ahmadi made an urgent mention of the matter today morning before Chief Justice of India UU Lalit's bench.

The bench issued notice to the Goa Coastal Management Authority and other respondents. The National Green Tribunal had upheld the Goa Coastal Zone Management Authority's earlier order to demolish the iconic shack. However, the demolishment has been stayed and notice has been issued to the respondents. The bench comprising Chief Justice U.U. Lalit, Justices Ravindra Bhat and P.S. Narasimha made the matter returnable on the next Friday and stated that in the meantime the court required all reports as part of assessment including pictures and photographs on the matter.

CJI Lalit noted–

"This matter was mentioned urgent listing and considering the fact that the order was passed on 6th September 2022 and the fact that the demolition has been going on, we have taken this matter on board and heard counsel. The appellant invited our attention to certain documents which show that the structure in Survey 42/10 was in existence prior to 1991. Mr. Ahmadi further submitted that his clients stands by the statement which was recorded by NGT to the effect that only 42/10 belongs to the appellants and other structures do not belong to the appellant. Issue notice to this appeal returnable on next Friday. The notice has been accepted notice on behalf of Goa Coastal Management Authority. Other respondents be served notice."

The court further directed that–

"Consistent with the statement made by appellant, structures in existence in lands other than Survey 42/10, are not being covered by the width of this order. Resultantly, if there be unauthorised construction in lands other than the demolition can certainly go on. There shall be stay on demolition with respect tp structure of 42.10 subject to the appellants not undertaking any commercial activities in respect of structures."

The court directed the Respondents to file response before Wednesday in connection with the matter along with pictures and reports. 

Case Title : Linet Nunes versus Goa Coastal Zone Management Authority and others CIVIL APPEAL Diary No(s). 28426/2022

Click here to read/download the order