The Mormugao Port Authority approached the Bombay High Court alleging that a statue of Chhatrapati Shivaji Maharaj had been erected on its land at Vasco‑da‑Gama without any lawful permission. The Authority contended that the installation amounted to forcible encroachment carried out by local persons who were purportedly backed by MLA Sankalp Amonkar, his wife and several local corporators. It stated that despite repeated complaints lodged with the Bogda Police Station and other authorities, no action had been taken to remove the statue or to register a first information report.
The Port Authority’s plea further asserted that the continued presence of the statue constituted a clear invasion of its property and that the State government had acted as a mere bystander, effectively tacitly colluding with those responsible for the illegal occupation.
Bombay High Court’s Findings and Order
A division bench comprising Justice Valmiki Menezes and Justice Amit Jamsandekar examined the matter and recorded that the statue had been installed in “gross violation” of applicable local laws and was constructed illegally. The bench observed that the State, through its police force and executive magistrates, bears the duty to prevent such invasions of property and to preserve public safety, irrespective of whether the land in question is under the jurisdiction of a central security force such as the CISF.
The High Court criticised the Goa Government’s argument that, because the land is owned by the Port Authority, its own CISF and security personnel could adequately address the illegality. It held that the State cannot be heard to claim that the Police Force or Executive Magistrates have no duty to intervene when property vested in a Port Authority, an Airport Authority or any similar installation is subjected to trespass.