SC set aside NGT order to demolish beach shack, Curlies

Case: Linet Nunes v. Goa Coastal Zone Management Authority

In December 2022, the Supreme Court of India set aside an order by the National Green Tribunal (NGT) that directed the demolition of a popular beach shack called Curlies in Anjuna, Goa. The NGT had ordered the demolition because the beach shack was found to violate Coastal Regulation Zone (CRZ) guidelines. The Supreme Court's decision overturned the NGT's ruling and allowed the beach shack to remain open.

The bench of Justices AS Bopanna and Hima Kohli was informed that the Goa Coastal Zone Management Authority (GCZMA), which had initially called for the demolition of Curlies, was not present on the day the order was passed by the National Green Tribunal (NGT). The SC found that it would be appropriate to restore the appeal before the NGT so that both parties can furnish their arguments and fresh orders can be passed. This would ensure that all parties are heard and a fair decision is made based on the evidence presented. The court's decision to restore the appeal before the NGT allows for the possibility of a different outcome than the previous order for demolition.

In response to the 2022 order, the owner of the establishment filed an appeal to the Supreme Court of India. Last year, the Supreme Court bench of then Chief Justice of India UU Lalit and Justices S Ravindra Bhat and PS Narasimha, stayed the NGT order and issued a notice in the appeal.

In the recent order passed on Friday, the court stated that pending consideration and final disposal of the matter by the NGT, the benefit of that interim order would continue to operate. This means that the demolition of Curlies beach shack is temporarily put on hold until the NGT considers the arguments of both parties and passes fresh orders in the matter.