Panaji: Bombay high court permitted Elite Builders, co-owned by Calangute MLA Michael Lobo, time until May 31 to demolish illegal portions of Nazri Resort at Calangute.The company told the court that the demolition of the ground-plus-four storeyed building, with a total built-up area of 1,500sqm, had to be undertaken manually and sought time until May 31.The division bench comprising Justices Suman Shyam and Amit Jamsandekar took note of the statement that the demolition will be completed by May 31 and disposed of the petition.HC in Nov last year issued notice to Elite Builders through its partner Michael Lobo in a petition concerning non-compliance with orders by the GCZMA to demolish illegal structures of Nazri Resort at Calangute.The petition, filed by Desmond Alvares, stated that despite the passage of more than seven years since the original demolition order, more than one year since the Supreme Court’s dismissal of an appeal, and more than four months since a notice directing execution of the demolition order, authorities failed, to execute the demolition order.In its affidavit in reply, partner of Elite Builders, Francis Xavier Viegas, submitted to the court that, due to the proximity of neighbouring hotel properties and other access issues, it was not possible to carry out demolition of the impugned structure using machinery, and that demolition would have to be undertaken manually.While carrying out demolition of the external façade, the neighbouring properties will have to stop commercial operations, considering the quantity of concrete debris and dust that would be generated during the process, the affidavit stated, adding that the hotel comprises four blocks, of which one has to be demolished.“Due to peak tourist season from Oct to Jan, the neighbouring establishments showed resistance in cooperating when they tried to commence demolition work,” the affidavit further stated, adding that it already commenced the process of demolition, The company denied that the structure is situated in the coastal regulation zone and is causing irreparable damage to coastal ecology and environment. It stated that, as per the Coastal Zone Management Plan, the structure is shown to be outside CRZ limits, and that demolition was ordered on July 9, 2018 only due to fortuitous circumstances that the CZMP 2011 was not prepared and notified by govt.The company added that “on the seaward side of the structure, there is an existing village settlement as well as numerous commercial establishments such as clubs, hotels, restaurants, guest houses and shops. The said vicinity is a developed coastal area and the impugned structure has practically not caused any loss or damage to the environment or ecology.”
