The High Court of Bombay at Goa has taken a serious, self-initiated step to address the widespread issue of illegal commercial structures across the state. This decisive move comes in the wake of a devastating fire at the Birch by Romeo Lane nightclub in Arpora, North Goa, which killed 25 people, including five tourists, on December 6.
Court's Stern Observation on Systemic Failure
While hearing a petition filed by locals Pradeep Ghadi Amonkar and Sunil Diukar, a Division Bench comprising Justices Sarang V Kotwal and Ashish S Chavan expanded the scope of the hearing. The court noted that the petition highlighted a "much larger issue" beyond the single tragedy. It pointed to a systemic problem rooted in illegal construction and the indiscriminate granting of licenses by local authorities.
The Bench observed that existing laws often remain "dead letters," with enforcement being lax. Even when demolition orders are issued by local bodies, they are frequently stayed by appellate authorities. The court stated that commercial activities continue unabated in such illegal structures, exploiting these stay orders. In a damning remark, it noted that licenses are sometimes granted for businesses operating from premises that are themselves illegal.
Suo Motu PIL and Call for Accountability
Recognizing the gravity and statewide implications, the court decided to register a suo motu Public Interest Litigation (PIL). It appointed advocate Rohit Bras de Sa as amicus curiae (friend of the court) to prepare a comprehensive report covering all local bodies and adjudicating authorities in Goa.
The court has directed the state government to respond to this PIL, specifically outlining corrective measures and identifying officers or authorities who can be held accountable to prevent such tragedies in the future. The Bench emphasized that authorities must work together proactively instead of shifting blame.
Scrutiny on Licensing and the Arpora Tragedy
Details emerging about the ill-fated nightclub reveal a troubling trail of permissions. The establishment was operated by M/S Being GS Hospitality Goa Arpora LLP, with partners Saurabh Luthra, Gaurav Luthra, and Ajay Gupta. It had leased the property from owner Surinder Kumar Khosla.
The Arpora-Nagoa village panchayat had issued a trade license for a "bar and restaurant-cum-night club" on December 16, 2023, which expired in March 2024. The panchayat also provided No-Objection Certificates for electricity, water, and repairs. Despite complaints from Amonkar and Diukar and a subsequent demolition notice, the operation continued after the notice was stayed on appeal.
In a related development, the owners of Birch by Romeo Lane, brothers Saurabh and Gaurav Luthra, are likely to be deported from Thailand to India. Goa police are coordinating with central agencies to complete the legal formalities for their return.
The High Court's intervention marks a critical juncture in Goa's ongoing struggle with unauthorized construction and regulatory oversight, aiming to enforce accountability and prevent future loss of life.
