The Supreme Court has declined to interfere with a Bombay High Court order directing the removal of a statue of Chhatrapati Shivaji Maharaj installed on land belonging to the Mormugao Port Authority in Goa, while granting the petitioners liberty to seek appropriate relief before the High Court.
The partial working day Bench of Justice MM Sundresh and Justice Sheel Nagu passed the order on a Special Leave Petition (SLP) filed against the Bombay High Court’s April 7 order. The petitioners argued that the High Court had virtually granted final relief while deciding an interim application by directing removal of the statue before the trial of the main proceedings.
However, after the Bench indicated its unwillingness to interfere with the impugned order, the petitioners sought permission to withdraw the SLP. Accepting the request, the Supreme Court dismissed the petition as withdrawn while granting liberty to move an appropriate application before the High Court seeking variation or modification of the impugned order.
The dispute arose from a writ petition filed by the Mormugao Port Authority alleging illegal encroachment upon its land at Vasco-da-Gama and the unauthorised installation of the statue. The Port Authority contended that despite repeated complaints to the Bogda Police Station and other authorities, no action was taken to prevent the alleged trespass or remove the structure. It further alleged that the encroachment was carried out by local residents with the support of MLA Sankalp Amonkar, his wife and certain local corporators.
Allowing the Port Authority’s plea, a Division Bench of the Bombay High Court comprising Justice Valmiki Menezes and Justice Amit Jamsandekar had held that the statue was erected in gross violation of applicable laws and without any legal authorisation. The High Court directed its removal and came down heavily on the Goa Government and law enforcement authorities for failing to discharge their statutory obligations.
The High Court observed that the State had acted as a passive spectator despite an alleged illegal invasion of the property of a Major Port Authority. It held that issues relating to law and order, criminal trespass and protection of public property fall squarely within the responsibility of the State through its police machinery, Executive Magistrates and other statutory authorities. The Court noted that instead of preventing the alleged encroachment, the State had remained a bystander and had effectively allowed the illegal occupation to continue.
Rejecting the State Government’s contention that the Port Authority should have relied upon the Central Industrial Security Force (CISF) deployed at the port to deal with the encroachment, the High Court held that the existence of central security forces does not absolve the State Police of their statutory duties.
It observed that a similar argument could not be accepted in relation to airports, railway properties or other Central Government installations protected by the CISF, as the State continues to have an independent obligation to prevent criminal offences and maintain public order.
The High Court also found fault with the inaction of the officer in charge of the Bogda Police Station. It observed that the allegations contained in the Port Authority’s complaint prima facie disclosed the commission of a cognisable offence of criminal trespass punishable under Section 329 of the Bharatiya Nyaya Sanhita (BNS), and that the competent police officer ought to have considered registration of a First Information Report (FIR) in accordance with law.
Observing that repeated apprehensions regarding possible law and order issues had been used as a justification for official inaction, the High Court held that such concerns could not legitimise an illegal occupation of public property. It concluded that the statue had been installed without lawful authority on land owned by the Mormugao Port Authority and directed its removal, a decision which the Supreme Court has now declined to interfere with at this stage.
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