PANAJI: On Monday, the Bombay High Court criticized the Goa government for its lack of accountability while addressing a petition regarding the enforcement of demolition orders for structures on Birch by Romeo Lane.
A division bench, consisting of Justices Sarang Kotwal and Ashish Chavan, posed critical inquiries that have been on the public’s mind since the tragic incident. “Given there was a demolition order, why was a trade license granted in the first place?” they questioned, noting that it was “very problematic” that the demolition order had remained pending for an extended period at the director of panchayats. They inquired about the director’s qualifications and the process of their appointment, as they pressed the state counsel on the issue.
The court also interrogated the government regarding the nightclub’s commercial operations, despite lacking an occupancy certificate. The state argued that the commercial license had been issued a decade prior. “From day one, we have voiced our concerns… why wait for someone to file a complaint about illegal construction? It is your duty to investigate whether constructions align with approved plans,” the judges remarked.
Even after final demolition orders, the judges noted a pattern of authorities shifting responsibility, citing a lack of cooperation from police and others. “Accountability is lacking, resulting in ongoing issues. While penalizing after the fact is one aspect, our focus is largely on prevention,” the bench emphasized.
“Our primary concern is the safety of commercial establishments to avert future tragedies. Now is the time for corrective measures,” they stated. Advocate Rohit Bras de Sa, representing the petitioners—Pradeep Ghadi Amonkar and Sunil Divker—asserted that lives could have been saved had the authorities acted upon his legal notice from November 4 and inspected the illegally constructed site on a salt pan. He reiterated that no structure can be occupied without an occupancy certificate, especially if it involves commercial activities.
“Many have profited at the expense of 25 lost lives. Politicians are among those benefiting,” he remarked, pointing out several illegal structures operating without the required occupancy certificates.
Government advocate Neehal Vernekar informed the court that officials involved are currently under scrutiny by the magisterial inquiry committee, attributing the failure to the panchayat for issuing a No Objection Certificate (NOC) for the unlawful structure. Vernekar suggested that the solution lies in identifying the illegalities and mapping them, similar to a suo motu petition regarding illegal constructions currently before the high court.
However, the high court rejected the proposal, indicating that it would take an extended time before the petition is resolved.
