NGT upholds Goa coastal zone authority order to demolish Curlies beach shack

The National Green Tribunal (NGT) recently upheld a 2016 demolition order passed by the Goa Coastal Zone Management Authority (GCZMA) against Curlies, a popular beach shack in Anjuna. [Linet Nunes v. Goa Coastal Zone Management Authority and Ors].Judicial member Justice Dinesh Kumar Singh and expert member Dr Vijay Kulkarni rejected the argument that GCZMA was responsible for explaining how the structure was expanded without permission."We are not impressed by the argument of the learned counsel for the appellant because the burden lies upon the appellant to prove the fact as to how original area of 242 sq.mtrs plinth was extended in such a big hotel without any permission from the Authority, which burden could not be discharged by the appellant," the order dated May 31 stated..The Tribunal was hearing an appeal by the owner of the shack against the demolition order passed for violation of Coastal Regulation Zone (CRZ) norms. Curlies was purpotedly constructed in a no-development zone (NDZ).Notably, the demolition order was upheld by the NGT in September 2022. However, in January 2023, the Supreme Court reversed the NGT's decision and ordered a fresh hearing..The owner of Curlies claimed that she was not offered a copy of the report or a hearing after the GCZMA carried out an inspection of the property. She also stated that the Authority did not consider documents showing that the establishment was constructed prior to the CRZ notification of 1991..GCZMA countered the existence of the structure prior to 1991 based on Google Earth images from 2003.It also underlined that Curlies failed to produce any permissions from the Panchayat, Excise Department, Town and Country Planning Department, etc. to show that it was operating from the offending structure prior to 1991.The Authority also argued that a 1982 certificate issued by the village panchayat of Anjuna submitted by the owner of Curlies was fake, as it had the emblem of the State of Goa despite Goa attaining statehood only in 1987..The NGT agreed with GCZMA that the existing structure could not have existed prior to 1991 and, therefore, any construction was not possible without appropriate permissions. "It cannot be believed that any such huge construction at the site in question could take place without permission for the same having been obtained from GCZMA or any other relevant Authority, nor has the applicant produced any license for running the hotel business. Therefore, this itself is a good enough ground to order demolition of the property in question. We find force in this argument," the NGT stated..Thereafter, the Tribunal noted that Curlies was unable to explain how the structure was expanded without requisite permissions."This is sole ground that the Authority was well within its authority to pass the impugned order," it added.The NGT further noted that maps and records were unable to prove that the structure as it stands presently was constructed before the CRZ notification of 1991 came into force.In respect of panchayat resolutions relied upon by Curlies, it observed that a family member of the owner was on the panel and, therefore, the resolutions were unreliable.Therefore, it dismissed the appeal and upheld the demolition order..Curlies was represented by Advocates Shivan Desai, Shivshankar Swaminathan and Gajanan Koregaonkar.The GCZMA was represented by Advocates Dhruv Tank and Abhay A Anturkar..One of the complainants before GCZMA against Curlies was represented by Advocate Kashinath Shetye. Another was represented by Advocate Aagney Sail..[Read Judgment]