Goa Panchayat Dismisses Appeal, Orders Demolition of Nightclub Structure After Fatal Fire
Panaji: In a decisive ruling, the Directorate of Panchayat (DoP) in Goa has dismissed a petition challenging the Arpora-Nagoa panchayat's order to demolish the structure of the nightclub Birch by Romeo Lane. This establishment was the site of a tragic fire on December 6, 2025, which claimed the lives of 25 individuals. The DoP has now directed the local panchayat to proceed with the demolition of the structure without further delay.
Court Order Upholds Demolition Notice
Additional Panchayat Director Joao Fernandes issued a comprehensive order stating, "The present appeal is dismissed. The order-cum-demolition notice dated April 20, 2024, issued by the panchayat hereby stands upheld." The order further clarified that any previous directives to maintain status quo or stay the demolition have been vacated. "The panchayat is directed to take steps in accordance with law to demolish the structures," Fernandes emphasized, thereby disposing of the appeal entirely.
Property Owner's Challenge Dismissed
The demolition order was originally challenged by property owner Surinder Kumar Khosla, a UK national. Khosla presented multiple grounds for his appeal, arguing that the order was:
- Legally flawed and vague
- Issued without proper application of mind
- Failed to consider his submitted reply
- Lacked provision of site inspection reports
- Ignored existing permissions and No Objection Certificates (NOCs)
Khosla specifically referenced repair permissions dated March 25, 2023, trade licenses, and house tax receipts as evidence of legitimacy. He contended that the panchayat, having previously granted permissions, could not retroactively declare the structures unauthorized. Additionally, he highlighted substantial investments made in the property and ongoing payments of house tax and electricity charges. Khosla denied the existence of any salt pan on the site and alleged that the panchayat acted under pressure from complainants in collusion.
Panchayat's Defense and Legal Grounds
The Arpora-Nagoa panchayat robustly defended its position, asserting that the appeal was "devoid of merit both in law and on facts." The panchayat maintained that it acted strictly in accordance with the Goa Panchayat Raj Act, 1994, fulfilling its statutory duty to prevent and remove unauthorized constructions.
Key submissions from the panchayat included:
- Khosla failed to produce crucial documents such as sanctioned building plans, occupancy certificates, or necessary approvals despite ample opportunities.
- The documents he relied upon did not substantiate the legality of the structures.
- There was no evidence that the structures were originally constructed with requisite permissions under Section 66 of the Goa Panchayat Raj Act, 1994.
Fernandes noted, "Since there is no permission for construction to begin with, there cannot be any case made out for repair of the structures."
Public Safety Concerns Highlighted
The tragic fire incident of December 6, 2025, played a pivotal role in the ruling. Fernandes stated, "This incident demonstrates that the structures constitute a health hazard and pose risks to public safety." He further elaborated that the structures lacked essential clearances for fire safety, sewage discharge, and compliance with other statutory requirements. "On this count also, the structures need to be demolished at the earliest in the interest of public safety and health," he affirmed.
Findings on Illegal Construction
The order revealed that under the guise of repairs, entirely new structures—including shops, a restaurant, six additional structures, and two platforms—were erected without proper plans and permissions. Fernandes pointed out, "The record demonstrates that the Appellant put up structures... in a salt pan without obtaining permission from the authorities as required under Section 66 of the Panchayat Raj Act." It was evident from the records that these constructions were illegal from inception.
In conclusion, Fernandes ruled, "In view of what is recorded hereinabove, the demolition order-cum-notice dated April 20, 2024, passed by the panchayat under Section 66(4) of the Goa Panchayat Raj Act, 1994, cannot be faulted." With Khosla failing to prove that the structures were constructed with requisite permissions, the appeal was dismissed, paving the way for the demolition to proceed in the interest of law and public safety.
