Shivaji statue ‘forcibly’ erected at Goa port authority land, HC orders state to provide security for its removal
High Court of Bombay at Goa observes that ‘state has acted as a mere bystander’ and ‘tacitly colluded with the perpetrators’ who allegedly trespassed on Mormugao Port Authority land and erected the statue
The High Court of Bombay at Goa on Tuesday ordered state authorities to make security arrangements and take all steps to enable the Mormugao Port Authority (MPA) to dismantle or remove a statue of Chhatrapati Shivaji that was allegedly forcibly erected on the port authority’s land in February.
The MPA had approached the High Court, alleging that some persons trespassed and encroached on its property at Sada junction on February 16 and illegally erected a permanent statue of Chhatrapati Shivaji Maharaj. The port authority sought directions from the court for the removal of the statue.
The MPA submitted before the court that a large crowd, including the MLA of Mormugao, allegedly trespassed on its property and held a grand function to unveil the statue on the evening of February 19. It said authorities were “fully aware that the local MLA…, Sankalp Amonkar, and other councillors and political figures from the area were involved in the incident of erection of the statue on February 16… and thereafter… in the unveiling of the statue on February 19 at 19.30 hours and yet did not intervene” despite multiple complaints.
It further submitted that despite at least two complaints to police, no action was taken to prevent intrusion into its property or to stop further construction. It alleged that despite the authorities concluding that a law and order situation may arise at the site, no action was taken by police or the Sub-Divisional Magistrate to stop the construction of the statue.
In an order on Tuesday, a Division Bench of Justices Amit S Jamsandekar and Valmiki Menezes directed the Superintendent of Police, South Goa, to provide “all necessary assistance, including by providing adequate police force and/or by issuing such other prohibitory orders that they deem fit around the Headland Sada Junction, to enable the Mormugao Port Authority to restrain any persons from further encroaching on its property, and to enable the Mormugao Port Authority to remove, dismantle or demolish the statue, pedestal and all other structures constructed on the junction to beautify the area.”
Observing that the “state has acted as a mere bystander” and “tacitly colluded with the perpetrators of the invasion without offering any assistance to prevent the criminal trespass”, the court said it is evident that the statue was constructed by some persons on the MPA’s property, as an act of trespass.
“It is absolutely unbelievable that such a large gathering could have been allowed on the port land, and the forcible construction and unveiling of the statue on such land be held without any knowledge of the police inspector of Mormugao or Bogda Police Station, the sub divisional police officer Vasco, the mamlatdar of Mormugao, the SDM of Mormugao and both the Superintendent of the Police and the Collector of South Goa. If this be so, there is a complete failure of the executive structure in South Goa District and in Mormugao Taluka in relation to the incident. However, 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 said.
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“In the present case, 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,” it added.
The court said it is obvious, in light of the apprehension earlier expressed by the police inspector of the local police station to the executive magistrate on February 17, “that the intention to forcibly trespass on to the port land at the Sada junction and to install the statue and unveil it was surely known to all the authorities.”
Pavneet Singh Chadha is the Goa Correspondent of The Indian Express. His reporting focuses intensely on the state of Goa, covering major developments in politics, governance, and significant local events, which establishes his high degree of Expertise and Authority in the region.
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Geographic Expertise: As the Goa correspondent, Pavneet provides on-the-ground, comprehensive coverage of Goa's political, social, and cultural landscape, ensuring readers receive timely and localized insights.
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Policy and Governance: Reporting on the judiciary (e.g., Goa High Court flagging illegal structures) and the actions of government departments.
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