The Supreme Court of India has set aside the order of the National Green Tribunal (NGT) for demolishing the controversial Curlies’ beach shack and nightclub that earned infamy after the death of the Bharatiya Janata Party (BJP) leader and media personality Sonali Phogat.
Giving the order, the Supreme Court said that the NGT erred in passing its order ‘without the presence’ of the GCZMA, thus denying the owners of the property an appropriate opportunity in putting forth its contentions.
“The order impugned was passed on 06.09.2022, on which day, the respondents herein (GCZMA), had not appeared in the proceedings before the NGT… [they] filed an application before the NGT reflecting the reason as to why they were unable to join the proceedings, and seeking for a fresh hearing of the matter,” a bench of justices A S Bopanna and Hima Kohli observed.
In September 2022, the NGT upheld a previous order passed by the GCZMA, which directed that the restaurant be demolished for allegedly violating coastal zone regulations.
Additional Solicitor General of India KM Nataraj argued that the absence of GCZMA was immaterial as the order of the NGT was favouring it.
However, the advocate appearing for the owners argued that the absence of the respondents during the hearing has prejudiced their cause since they were “denied of an opportunity to clarify the factual position to enable the NGT to take an informed decision.”
To this, the Court said, “We feel that the principles of natural justice would require that an appropriate opportunity be granted to both the parties and then, an appropriate decision be taken by the NGT.”
“Hence, without adverting to the merits of the rival contentions, only on the procedural aspect, we deem it appropriate to set aside the order dated 06.09.2022 passed by the NGT, Special Bench and restore Appeal No. 48/2016(WZ) and MA No. 212/2016(WZ) to the file of the NGT to provide an opportunity to both the parties and pass fresh orders in accordance with the law,” the Supreme Court ruled adding that interim protection granted to the structure would continue until disposal of the appeal.
A portion of the nightclub was already demolished after the NGT order.
Curlies beach shack and night club was in the news after Sonali Phogat, a politician and former social media personality from Haryana found dead in August last year. Phogat had spent the night partying at Curlies’ beach shack, where she was allegedly drugged.
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(With input from news agency language)
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