Sunday, February 5, 2023

Supreme Court sets aside NGT order directing demolition of famous beach shack in Goa

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The Supreme Court has set aside a National Green Tribunal (NGT) order which directs demolition of popular beach shack in Goa’s Anjuna beach named Curlies, for violation of Coastal Regulation Zone (CRZ) guidelines.

A Bench of Justice AS Bopanna and Justice Hima Kohli was told that the Goa Coastal Zone Management Authority (GCZMA), which had initially called for the demolition of Curlies, was not present on the day the order was passed by the NGT.

The Court found that it should restore the appeal before the NGT so that both parties can furnish their arguments and fresh orders can be passed.

The order by the Court said that they feel that the principles of natural justice would require an appropriate opportunity to be granted to both the parties also that the decision should be taken by NGT

On September 6, 2022, an order was passed by the NGT which an order of the Goa Coastal Zone Management Authority (GCZMA) calling for the demolition of Curlies for violation of CRZ norms.

Last year, Bench of then Chief Justice of India UU Lalit and Justice S Ravindra Bhat and Justice PS Narasimha had stayed the NGT order and issued notice in the appeal filed by the owner of the establishment.

The Court in its order said that pending consideration and final disposal of the matter by the NGT, the benefit of that interim order would continue to operate.

Senior Advocate Huzefa Ahmadi appeared for the owner of Curlies, while Additional Solicitor General KM Natraj appeared for the GCZMA.

The NGT order was passed shortly after it came to light that BJP leader Sonali Phogat had visited the shack before her death on August 23, 2022.

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