The Supreme Court in the case Linet Nunes versus Goa Coastal Zone Management Authority and others, wherein the bench comprising of Justice AS Bopanna and Justice Hima Kohli observed and has set aside an order passed by the National Green Tribunal, for the demolition of Goa’s iconic Curlies Beach Restaurant’s buildings.
Therefore, the owner of the restaurant Linet Nunes approached the Court wherein challenging the demolition action being started by the Goa Coastal Zone Management Authority over the violations of the CRZ regulations. However, the Goa’s iconic Curlies Beach Restaurant’s buildings had came in news after Sonali Phogat, the BJP leader was being found dead there in August 2022, after she being allegedly drugged. It has been noted by the bench that the Goa Coastal Zone Management Authority, which had initially called for the demolition of Curlies, the same was not being present on the day the order was being passed by the NGT.
It has also been argued before the court by Additional Solicitor General of India KM Nataraj that in the absence of GCZMA was immaterial as the order passed by the NGT was favouring it. It has also been argued before the court by the counsel, Senior Advocate Huzefa Ahmadi appearing for the restaurant owner that the absence of GCZMA was being affected by the appellant prejudicially, as the appellant was deprived of an opportunity for clarifying certain factual aspects so as to enable the NGT to taken an informed decision.
The bench while taking note of the arguments stated in its order that, this court feel that the principles of natural justice would require that an appropriate opportunity be granted to both the parties and then, an appropriate decision has to be taken by the NGT. Further, without adverting to the merits of the rival contentions, only on the procedural aspect, this court deem it appropriate to set aside order dated September 06, 2022 passed by the NGT, the Special bench and for restoring Appeal No. 48/2016(WZ) and MA No. 212/2016(WZ) to the file of the NGT for providing opportunity to both the parties and to pass fresh orders in accordance with the law. Therefore, the Apex Court had stayed the demolition of Curlies Beach Restaurant’s buildings in one particular survey number, in relation to subject the condition that they will not undertake commercial operations till the next hearing date