The Bombay High Court at Goa ordered removal of an незаконный Shivaji Maharaj statue installed on Mormugao Port land, calling out the State’s “gross inaction.” The Court said authorities failed to prevent encroachment and even hinted at “tacit collusion” with those involved.
The Bombay High Court at Goa has strongly criticised the Goa government for its failure to act against illegal encroachment on land belonging to the Mormugao Port Authority (MPA), where a statue of Chhatrapati Shivaji Maharaj was installed at Headland Sada in Vasco despite repeated complaints.
In the case, a Division Bench of Justices Valmiki Menezes and Amit S Jamsandekar took serious note of what it called “gross inaction” on the part of State authorities. The Court found that the authorities failed to prevent illegal occupation and construction on public land, even after being alerted multiple times.
The Bench directed the Goa government to provide armed police protection to the MPA so that the незаконно installed statue can be removed and the land restored to its original condition. The Court also rejected the State’s argument that the Port Authority should rely only on remedies under the Public Premises Act or depend on its own CISF security.
Emphasising the responsibility of the State in maintaining law and order, the Court said,
“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.
The Mormugao Port Authority had approached the High Court alleging that unknown persons forcibly entered its land and installed a permanent statue without permission. The Port Authority had earlier complained to the Bogda Police Station and other officials, but no effective action was taken.
The Court examined police affidavits which confirmed that local police had already warned higher authorities about possible law and order issues before the statue unveiling event held on February 19. However, despite these warnings, the Executive Magistrate, Collector, and police officials did not take proper preventive steps to stop the illegal act.
Expressing serious concern, the Court observed,
“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 pointed out the presence of local MLA Sankalp Amonkar and other political leaders during the statue unveiling ceremony. This raised further questions about the role of public officials and their possible involvement or support.
Highlighting this aspect, the Court said,
“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 took note of the fact that the same MLA had earlier requested a No Objection Certificate (NOC) through the Chief Minister for installing the statue on the same land. However, this request was rejected by the Mormugao Port Authority in line with Union government land policy guidelines.
Despite this rejection, the statue was still installed, which the Court viewed as a serious violation of law and administrative responsibility.
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The matter is still pending before the High Court. The Bench indicated that it will continue to examine the conduct of government officials and also look into the stand taken by the Mormugao Municipal Council, which has claimed that it has no jurisdiction over Port land.
On the legal representation side, Advocates Yogesh V Nadkarni, Simran Khadilkar and Kunal Nadkarni appeared for the Mormugao Port Authority. Advocate General Devidas Pangam, along with advocates Shubham Priolkar and Rishikesh Gawas, represented the State of Goa. Advocate Ravi Anand appeared on behalf of the police authorities.
This case highlights serious concerns about administrative accountability, misuse of public land, and the duty of the State to act promptly in preventing illegal encroachments, especially when law and order issues are clearly involved.
Case Title:
Mormugao Port Authority v. State of Goa & Ors.,
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