Bombay High Court Grants Extension for Demolition of Illegal Resort in Calangute
The Bombay High Court has permitted Elite Builders, a company co-owned by Calangute MLA Michael Lobo, additional time until May 31 to complete the demolition of illegal portions of the Nazri Resort located in Calangute. This decision comes after the company argued that the demolition of the ground-plus-four storeyed building, with a total built-up area of 1,500 square meters, must be carried out manually due to logistical constraints.
Court Proceedings and Disposal of Petition
A division bench comprising Justices Suman Shyam and Amit Jamsandekar took note of Elite Builders' commitment to finish the demolition by the end of May. Consequently, the court disposed of the petition that had been filed concerning non-compliance with orders from the Goa Coastal Zone Management Authority (GCZMA). The GCZMA had originally mandated the demolition of illegal structures at the Nazri Resort.
Background of the Legal Battle
The case traces back to November of last year when the High Court issued a notice to Elite Builders through its partner Michael Lobo. This action was in response to a petition filed by Desmond Alvares, which highlighted significant delays in executing the demolition order. According to the petition, more than seven years had passed since the initial demolition order was issued, over a year since the Supreme Court dismissed an appeal, and more than four months since a notice was directed for the order's execution, yet authorities had failed to act.
Reasons for the Demolition Delay
In an affidavit submitted to the court, Francis Xavier Viegas, a partner at Elite Builders, explained the challenges faced. He stated that due to the close proximity of neighboring hotel properties and other access issues, using machinery for demolition was not feasible. Instead, the process would have to be undertaken manually, which is more time-consuming.
Furthermore, Viegas noted that during the demolition of the external façade, neighboring properties would need to halt commercial operations temporarily. This is due to the substantial amount of concrete debris and dust expected to be generated. The affidavit also mentioned that the hotel comprises four blocks, with only one requiring demolition.
Seasonal complications added to the delays. The affidavit pointed out that from October to January, during the peak tourist season, neighboring establishments showed resistance to cooperating with the demolition efforts, further hindering progress. Elite Builders claimed that they had already commenced the demolition process despite these obstacles.
Dispute Over Environmental Impact
Elite Builders also contested allegations that the structure is situated within the Coastal Regulation Zone (CRZ) and is causing irreparable damage to coastal ecology and environment. The company argued that, according to the Coastal Zone Management Plan, the structure is located outside CRZ limits. They attributed the demolition order from July 9, 2018, to fortuitous circumstances, specifically the lack of preparation and notification of the CZMP 2011 by the government at that time.
Additionally, the company emphasized that the area surrounding the structure is already developed, with existing village settlements and numerous commercial establishments such as clubs, hotels, restaurants, guest houses, and shops on the seaward side. They asserted that the impugned structure has practically not caused any loss or damage to the environment or ecology, given the developed nature of the coastal area.
This case underscores ongoing legal and environmental disputes in coastal regions, highlighting the complexities of enforcing demolition orders in densely populated and commercially active areas.
