Mormugao Port Authority Moves High Court Over Illegal Shivaji Statue Encroachment
The Mormugao Port Authority (MPA) has taken decisive legal action by filing a writ petition in the Bombay High Court, urgently seeking the immediate removal of a statue of Chhatrapati Shivaji Maharaj that has been illegally erected on its property. The unauthorized structure is located at the Sada junction near the market complex in Vasco da Gama, Goa.
Legal Demands and Urgent Relief Sought
In its comprehensive petition, the MPA has requested the court to issue directives ensuring that no further work of any nature is undertaken on the disputed property until the case is finally resolved. The port authority has also sought ad-interim ex-parte relief to prevent the continuation of any construction activities, aiming to halt ongoing illegal operations immediately.
The petition details that unknown individuals have persisted with illegal activities, including ground leveling and clearing around the statue, despite multiple complaints filed by the MPA. The authority has firmly argued that the property qualifies as "public premises" under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, thereby classifying the encroachment as a cognizable offense.
Official Communications and Alleged Inaction
The MPA has formally written to South Goa Collector Egna Cletus and other relevant authorities, urging them to ensure that "no further activities or functions of whatsoever nature" are permitted on the disputed land until the High Court hears the writ petition. In a strongly worded note, the port authority warned that any failure to stop such activities would be brought to the court's attention during the hearing.
Local residents have alleged that the statue was installed by supporters of Mormugao MLA Sankalp Amonkar, sparking significant tension in the area. Supporters of the MLA have criticized the MPA for objecting to the installation, further escalating the dispute.
Discovery of Encroachment and Subsequent Actions
MPA officials discovered the encroachment on Monday and promptly wrote to the police inspector of the Bogda police station, requesting police deployment to facilitate the removal of the structure. Copies of this communication were sent to the Mormugao deputy collector, Collector Cletus, and other authorities.
However, port officials reported that the Goa police ignored the complaint, and other authorities failed to initiate action against the illegal construction. In response, on Tuesday, the MPA wrote to the chief officer of the Mormugao Municipal Council, demanding the immediate stoppage of work and removal of the statue.
Necessity for Judicial Intervention
The MPA has emphasized that the failure of state authorities to address the illegalities and remove encroachments on public property has necessitated High Court intervention under Article 226 of the Constitution. The authority contends that despite prompt complaints to legally bound authorities, all respondents have "turned a blind eye to the said illegality," allowing unknown persons to continue their unauthorized work.
Expressing concern over potential law and order issues, the MPA stated that deploying private security guards or CISF personnel could exacerbate tensions in the area, highlighting the urgency of judicial resolution.
Upcoming Court Hearing
MPA Chairman N Vinodkumar confirmed that the case has been mentioned for an urgent hearing before the division bench of the Bombay High Court on Monday. This legal step underscores the port authority's commitment to protecting its property and upholding the rule of law against unauthorized encroachments.
