A magisterial inquiry, set up to probe the fire at Birch by Romeo Lane in North Goa’s Arpora that killed 25 people on December 6, has found that the local panchayat “colluded” with the owners of the property, allowing the club to be run illegally without a valid trade licence, an inquiry report on the incident said.
The panchayat “failed in its statutory duty” and took no action to seal the property or shut its operations, the report said. According to the inquiry report, an establishment [trade] licence was issued by village panchayat Arpora-Nagao to ‘Being GS Hospitality Goa Arpora LLP’ for running a ‘bar, restaurant-cum-night club’ on December 16, 2023, which expired on March 31, 2024. The panchayat allegedly did not renew the trade licence beyond March 2024, implying Birch did not have a valid licence to run the restaurant or any other activity on the premises. According to the report, another major lapse by the panchayat was not intimating concerned departments to cancel the NOCs, licences and approvals given to the property.
“The premises continued to run illegally without a valid trade license and no action was taken by the village panchayat to seal the property. Section 72-A of the Goa Panchayat Raj Act…provides for sealing the premises carrying on any trade or occupation without license. Therefore, the panchayat failed in its statutory duty and allowed the illegality to continue,” it said.
Citing the disclosure statements of the sarpanch of Arpora-Nagao, Roshan V Redkar, and the then panchayat secretary of Arpora-Nagoa, Raghuvir Bagkar, the inquiry committee flagged procedural lapses in document verification for hastily issuing licences and NOCs without following due procedure, stating that the probe “establishes their collusion with the owners of this property in keeping the restaurant running illegally”.
The application for the trade licence was allegedly inwarded in the office of the secretary, village panchayat Arpora-Nagoa, on December 11, 2023. On December 14, 2023, a resolution was taken and the final certificate was issued on December 16, 2023 — within five days — “without insisting on the required documents in a hastily manner.”
The committee said the initial illegal construction of the structures, where the nightclub operated, was made in the years 1998-1999 by Sunil Divkar and Pradeep Amonkar, who purchased the property called ‘Condonicho/Cordinicho Agor’ in 1995, in the name of Maizon Hotel, and “hence they are the prime culprits.” It said that the revised sketch depicts the hexagonal structure in the middle of a salt pan/water body.
“This clearly establishes that the structure is situated in the middle of the salt pan/water body, which is not permissible to be erected under any law in force either now or earlier. Converting salt pan is in violation of Section 32 of the Land Revenue Code as well as Coastal Zone Regulations,” the report said.
Observing that the structures erected on the property under survey numbers 158/0 and 159/0, which housed the nightclub, are illegal from the beginning, the committee said that “no process of any nature was even initiated to convert the land use of the said portion of land from agricultural to non-agricultural, which further proves that the land owners, since the first development of land started in the years 1998-1999, have taken the entire system for granted and have paid scant regard to the law of the land.”
The report further said the panchayat issued house numbers and trade licences to illegal structures in survey number 159/0, in a resort belonging to Surinder Khosla [property owner and an accused], “knowing fully well that these shops are recent constructions on a salt pan” and a violation of Coastal Regulation Zone (CRZ) rules.
The committee said the application and documents enclosed for issuance of the trade licence by the owners of Birch “have visible signs of forgery.” “The words ‘H No 502/1-RT8; Bar &; night club’ are written in different ink and in free space, at a later time, which seems to be done with malicious intent and as an afterthought. The Instrument of License seems to be forged,” it said.
On lapses in enforcement and policing, the committee observed that multiple complaints of noise pollution and parking relating to the establishment had been received, but the complaints were repeatedly closed stating “nothing found on the spot”. “The committee flagged non-compliance of the directions of the High Court of Bombay at Goa in a petition on the matter, regarding prompt inspections and regular night patrolling.”
In a statement in the evening, the office of the chief minister said that Chief Minister Pramod Sawant has taken a “stern view” regarding the conduct of “erring” officials and recommended disciplinary action against the panchayat secretary, adding that criminal action is also under consideration for processing licences without due procedure.
Based on the findings of the magisterial inquiry, the Directorate of Panchayats, in an order later, dismissed then Raghuvir Bagkar, panchayat secretary of Arpora-Nagoa village panchayat, from service for “dereliction of duty, gross negligence and deliberate ignorance of violation of various statutory provisions.” Among other acts of omission, it said that no immediate steps were taken by Bagkar to execute a demolition order issued in April 2024, after the 15-day notice period issued to the owner of the premises.
The statement from the chief minister’s office said that action is contemplated against the sarpanch of Arpora–Nagoa for issuing NOCs without due process.
“Secretary (Revenue) has been directed to conduct an inquiry regarding alteration of the status of the water body during preparation of the Goa CZMP plan. Goa State Pollution Control Board officials, who recommended NOC based on misleading facts, to be placed under suspension and disciplinary proceedings to be initiated. Show-cause notices to be issued to concerned officers of Fire and Emergency Services, Police, Excise, Electricity Department, Food & Drugs Administration, Commercial Tax, and Tourism Department for lapses in verification/inspection/monitoring,” it said.
Charred remains of the Birch by Romeo Lane restaurant after a fire broke out, claiming the lives of 25 people, in Arpora on Monday. (Source: ANI) 
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