"State Can't Be A Bystander": Bombay High Court Criticises Goa Govt, Orders Removal Of Illegal Shivaji Maharaj Statue From Port Land

The Bombay High Court at Goa recently ordered the removal of a Chhatrapati Shivaji Maharaj statue, which was installed in "gross violation" of local laws and constructed illegally on the land owned by the Mormugao Port Authority (MPA).

A division bench of Justice Valmiki Menezes and Justice Amit Jamsandekar pulled up the authorities and also the Goa administration for being a "bystander" and allowing the statue to be installed illegally.

"We believe that 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. 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," the bench observed in the order passed on April 7.

According to the plea by the MPA, despite repeated complaints to the local Bogda Police Station and other authorities there had been no action. The plea alleged forcible encroachment of the land at Vasco-da-Gama by local persons, who were backed by MLA Sankalp Amonkar, his wife and other local corporators.

The bench noted that despite continuous please by the MPA of potential law and order situation, that may be created, no action was taken by the authorities.

The judges, viewed a local news video clip of the unveiling of the statue by MLA Amonkar, his wife and noted the presence of several political figures and crowd at the site.

"The incident points more to a glaring and tacit understanding or arrangements between the authorities 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 bench noted in the order. The judges criticised the Goa Government for its argument that since the land in question is owned by the Port authorities, its own CISF and security can take action against the illegality.

"The incident may as well have taken place in at an Airport, Railway property or such other installation under the security of the Central Forces such as the CISF; would the State take the same arguments that it has raised during the hearing,that its police force and Executive does not have the duty to intervene and prevent in invasion of such installation or property which is vested in say, an Airport Authority or for that matter, as in this case a Port Authority. The State cannot be heard to say that the Authority or installation is free to use Central Forces to protect possession of its properties from trespass or destruction," the bench observed.

The bench further said that the Bogda Police Station's senior officer ought to have taken a call on whether to register the FIR based upon the allegations in the complaint, which the judges opined, did reveal an offence of criminal trespass under Section 329 of BNS, which was cognizable.

The judges therefore, directed the authorities to remove the said statue of Shivaji Maharaj and also to the Superintendent of Police, South Goa to protect requisite police protection to the authorities.

"We direct the Superintendent of Police, South Goa, Collector, South Goa, the Mamlatdar (Executive Magistrate), Mormugao, Police Inspector, Mormugao Police Station and Police Inspector, Bogda Police Station to provide the MPA, 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 MPA to restrain any persons from further encroaching on its property, and to enable the MPA to remove, dismantle or demolish the statue, pedestal and all other structures constructed on the junction to beautify the area," the bench ordered.

The bench has kept the matter pending for examining the conduct of the Mormugao Municipal Council (MMC) which argued that it lacked jurisdiction to take any action against the encroachers of the land in question.

The judges also ordered impleadment of the local MLA Amonkar and his wife to the petition and has directed them to file their reply to the same.

A further hearing in this matter will be conducted on May 4.

Appearance:

Advocates Yogesh Nadkarni, Simran Khadilkar and Kunal Nadkarni appeared for the Petitioner.Advocate General Devidas Pangam assisted by Additional Government Advocates Shubham Priolkar and Rishikesh Gawas, and Advocate Ravi Anand represented the Authorities.

Case Title: Mormugao Port Authority vs State of Goa [Writ Petition 511 of 2026 (Filing)]

Citation: 2026 LiveLaw (Bom) 166

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