Goa District Court Issues Interim Stay on Demolition of Nightclub After Fatal Fire
In a significant legal development, the district court in Panaji, Goa, has granted an interim stay on the demolition order for the nightclub Birch by Romeo Lane. This decision provides temporary relief to the property owners, with the stay effective until the next hearing scheduled for February 23. The ruling comes amidst ongoing legal battles following a tragic fire at the venue that resulted in multiple fatalities.
Legal Challenge by Guardian of OCI Holder
The stay was prompted by a petition filed by Vijay Lakshmi, who serves as the wife and guardian ad interim of Surinder Kumar Khosla, an Overseas Citizen of India (OCI) holder based in the United Kingdom. Lakshmi challenged a demolition notice-cum-order issued in April 2024, arguing that an interim stay should remain in place throughout the appeal process. Her legal representative contended that the Arpora-Nagoa panchayat failed to adhere to proper procedural standards in handling the demolition matters, citing a lack of due process.
Background of the Demolition Order
The controversy stems from a fire incident on December 6, 2025, at Birch by Romeo Lane, which claimed the lives of 25 individuals. In response, the Arpora-Nagoa panchayat issued an order to demolish the structure. Earlier this month, the directorate of panchayat dismissed Khosla's petition against this order, upholding the demolition directive. Additional Panchayat Director Joao Fernandes stated in a recent order, "The order-cum-demolition notice dated April 20, 2024, issued by the panchayat hereby stands upheld. The panchayat is directed to take steps in accordance with law to demolish the structures." This decision reinforced the panchayat's authority to proceed with the demolition.
Grounds for the Legal Challenge
Khosla's challenge to the demolition order was based on multiple legal grounds, as outlined in the court proceedings. The arguments included:
- The order was deemed bad in law and overly vague, lacking proper application of mind.
- Authorities did not consider the reply filed by Khosla or provide a site inspection report.
- Key permissions and No Objection Certificates (NOCs) were ignored, such as repair permissions dated March 25, 2023, trade licences, and house tax receipts.
- No opportunity for a hearing was granted, violating procedural fairness.
These points formed the basis for seeking judicial intervention to halt the demolition pending a thorough review.
Implications and Next Steps
The interim stay by the district court marks a pivotal moment in this case, allowing for further legal examination before any physical action is taken. It highlights the complexities involved in balancing public safety concerns with property rights and procedural justice. The next hearing on February 23 will be crucial in determining the future of the nightclub structure and addressing the allegations of procedural lapses by the panchayat. This development underscores the importance of adherence to legal protocols in demolition cases, especially those linked to tragic events.
