Legal notice detailed illegalities, unsafe structure; authorities failed to act

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NT Reporter | Panaji

A legal notice was issued to the government and its agencies a month ago seeking enforcement of the demolition order against the Arpora nightclub, citing alleged CRZ violations and unapproved commercial activities.

The tragedy may not have occurred had authorities acted on the notice.

The notice also highlights how inspection reports on alleged illegalities and even demolition orders are often left incomplete.

Adv Rohit Bras e Sa, on behalf of his clients Pradip Ghadi Amonkar and Sunil Divker, who have “significant property interests in the region,” served the notice to the State of Goa through the Chief Secretary, the Goa Coastal Zone Management Authority (GCZMA), the Arpora Village Panchayat, the BDO, the Director of Panchayats and others.

The notice pointed to “the alarming pattern of statutory violations that have remained inadequately addressed despite multiple complaints, inspections, show-cause notices, and even a demolition order.”

It stated that the violations not only contravene multiple State and National laws but also pose immediate risks to public safety, ecological integrity and the rule of law.

It also stated that the operation of a high-occupancy discotheque partially submerged in a water body, with inadequate safety measures, carried a high risk of catastrophic collapse.

Following a complaint dated December 18, 2023, the panchayat resolved on March 13, 2024, to issue a demolition order mentioning shops, a restaurant, six additional structures and two platforms.

After the promoter appealed, the Deputy Director of Panchayats granted a stay because the Arpora panchayat did not appear in the matter. The case has since remained pending. The mamlatdar later conducted a detailed inspection and submitted a report to the Deputy Collector for necessary action.

GCZMA officials, during a site inspection, documented alleged violations of the CRZ Notification 2011, including construction of an RCC G+1 hexagonal structure of approximately 550 sqm erected directly in a water body, with the ground floor used as a kitchen and storeroom.

De Sa said his clients had pursued legitimate legal channels for nearly two years.

“The continued failure to enforce clear statutory provisions in the face of documented violations not only undermines public confidence in regulatory institutions but also creates dangerous precedents that could encourage similar violations throughout the State of Goa,” he said.

Effective enforcement, he added, would send a strong message that Goa’s environmental laws, safety regulations and land-use controls are meaningful and will be rigorously upheld.

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