Bombay HC orders demolition of illegal Shivaji Maharaj statue, raps State for allowing encroachment of port land

The Bombay High Court at Goa has come down heavily on the Goa administration for ‘gross inaction’ in preventing encroachment on Mormugao Port Authority (MPA) land, where a Chhatrapati Shivaji Maharaj statue was installed at Vasco's Headland Sada despite repeated complaints flagging the illegality [Mormugao Port Authority v. State of Goa & Ors.]

A Division Bench of Justices Valmiki Menezes and Amit S Jamsandekar directed the State authorities to provide armed protection to MPA to demolish the statue and restore the junction to its original condition. 

It rejected the State’s contention that the Port should confine itself to remedies under the Public Premises Act or rely on its own CISF security.

“Where issues of law and order are involved, such as the present one, it is only the State through its agencies, such as the Police Force, Executive Magistrate and other such authorities, can adequately quell such incidents and ensure public safety and property of individuals is preserved,” the bench said. 

MPA had approached the High Court alleging forcible entry on its land at Vasco and installation of a permanent statue despite complaints to the Bogda Police Station and other authorities. 

The Court noted police affidavits confirming that, despite local police warnings of potential law and order issues, the Executive Magistrate, Collector, and other officials, including the police, failed to take effective preventive measures for the grand statue unveiling on February 19.

“What is even more serious is that we see a clear invasion of property of a Major Port and the State has acted as a mere bystander and has in fact, tacitly colluded with the perpetrators of the invasion without offering any assistance to prevent the criminal trespass”, the bench remarked. 

The bench also noted the prominent presence of local MLA Sankalp Amonkar and other political figures at the unveiling. 

“The incident points more to a glaring and tacit understanding or arrangements between the authorities referred above and the local MLA and other participants of the gathering on Port property, with no action whatsoever, preventive or otherwise, been taken by the authorities to protect the invasion of the Port property,” the Court observed. 

The Court also recorded that an earlier request routed by the MLA through the Chief Minister for an NOC to install the statue on the same land had been refused by the MPA under Union land policy guidelines.

The petition has been kept pending, with the Bench indicating it will further examine the conduct of officials and the Mormugao Municipal Council’s stand that it lacks jurisdiction over Port land.

Advocates Yogesh V Nadkarni, Simran Khadilkar and Kunal Nadkarni appeared for port authority. 

Advocate General Devidas Pangam with advocates Shubham Priolkar and Rishikesh Gawas appeared for State. 

Advocates Ravi Anand appeared for the police.

[Read order]