JUDGMENT

1. This appeal has been preferred against the order dated 21.07.2016, passed by respondent No.1-GCZMA, ordering appellant to demolish illegal structure G+1, standing on Survey No.42/10 of village Anjuna, Bardez, Goa, which was further extended into adjacent plots Survey Nos.42/9, 11, 45/19 and 45/41 of village Anjuna and restore the land to its original condition.

2. The facts of this case, in brief, are that the appellant is owner of the restaurant named and styled as “Curlis Restaurant”, situated on the property as mentioned in paragraph No.3 of the memo of appeal, which is G+1, being run from last several years. The said structure has been in existence in the survey number in question since prior to coming into force of CRZ Notification, 1991 and is being operated in the existing house. A complaint was made by respondent No.2 – Kashinath Jairam Shetye on 17.08.2015, pursuant to which, a show-cause notice dated 31.08.2015 was issued to the brother of the appellant – Edwin Nunes, alleging therein that illegal construction has been carried out in Survey Nos.42/10, 42/9 and 42/11 and to show reasons as to why the said restaurant should not be ordered to be demolished. Another