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Supreme Court has stayed the demolition of Curlies restaurant in Goa subject to the condition that no commercial activities will take place there.
The Owners Of Curlies Restaruant in Goa, where BJP leader Sonali Phogat was found dead, had moved to Supreme Court challenging the demolition action started over CRZ violations.
“There shall be stay on demolition with respect to structure in Survey No. 42.10 subject to the appellants not undertaking any commercial activities in respect of structures”, said the SC.
The court directed GCZMA to file response before Wednesday in connection with the matter along with pictures and reports.
The demolition squad on Friday began demolishing the Curlies nightclub in Anjuna-Goa, following the order of the National Green Tribunal (NGT).
Haryana BJP leader Sonali Phogat had last partied in the nightclub.
The NGT on September 6 had dismissed an appeal filed by the owner of Curlies nightclub Linet Nunes, challenging the demolition order of the Goa Coastal Zone Management Authority (GCZMA).
Huge police force has been deployed at the demolition site. Several workers engaged in the demolition work began to demolish the sea facing portion of Curlies nightclub, where parties used to happen.
The Office of the Deputy Collector on Thursday had issued the demolition notice to the owner of the restaurant Linet Nunes and Edwin Nunes.
“Deputy Collector and in-charge of the Demolition Squad, North Goa District, Tiswadi Goa fixed the demolition on September 9 at 7 a.m. onwards,” the notice stated.
GCZMA on July 21, 2016 under Section 5 of the Environment (Protection) Act, 1986 (EP Act) had directed the demolition of structures constructed illegally in the ‘no-development zone’ in CRZ-III in violation of CRZ Notification, issued under the EP Act.
NGT has upheld the GCZMA order to demolish the alleged illegal structure of Curlies, run by Edwin Nunes – to whom conditional bail has been granted in the Phogat case.
Sonali Phogat had come to Goa on August 22 and was staying at a hotel in Anjuna. On the same day, she was partying in Curlies restaurant, where she was allegedly given Methamphetamine drugs.
She felt uneasy that night and the next morning, she was taken to the private hospital in Anjuna where she was declared brought dead.
Since the incident of the death of Sonali Phogat, Curlies Restaurant has come again to limelight.
“And whereas, the expert members who conducted the site inspection stated that the property at Anjuna Village cannot be called as a temporary structure and the same is permanent in nature with a cemented plinth, wooden floor; steel pipes used as columns which support the top floor. The Google images of 2003 also do not show any structure in the said property existing in 2003. Therefore, it is apparent that the said structure is new and has been constructed in violation of CRZ Notification right on the High Tide Line of the sea,” findings stated in order.
“We thus do not find any merit in the appeal which is accordingly dismissed,” NGT in order said.
