Supreme Court declines to intervene in Bombay High Court order for Shivaji statue removal
The Supreme Court has refused to interfere with a Bombay High Court order directing the removal of a Chhatrapati Shivaji Maharaj statue from land owned by the Mormugao Port Authority in Goa. A Bench comprising Justice MM Sundresh and Justice Sheel Nagu was not inclined to interfere with the High Court's April 7 order, leading petitioners Rajendra Laxman Parab and others to withdraw their petition. The top court accordingly dismissed the petition as withdrawn.
However, the Supreme Court granted the petitioners liberty to move an appropriate application before the High Court to seek a variance of its order. The High Court had directed the statue's removal, stating it was constructed illegally and installed in gross violation of local laws. The High Court criticized the authorities and the Goa administration for remaining "mere bystanders" while the statue was allegedly installed without legal authorization.
Petitioners argue High Court granted final relief in interim application
Before the Supreme Court, the petitioners contended that the High Court had effectively granted final relief while deciding an interim application. The Mormugao Port Authority had earlier argued before the High Court that despite lodging repeated complaints with the local Bogda Police Station and other authorities, no action was taken. The Authority alleged that the land at Vasco-da-Gama had been forcibly encroached upon by certain residents, purportedly with the support of MLA Sankalp Amonkar, his wife, and other local corporators.
Despite repeated assertions that removing the structure could give rise to a law and order situation, the authorities failed to take any action, the High Court had noted. The case highlights ongoing disputes over land encroachment and illegal construction in Goa, with the Supreme Court's decision allowing the High Court order to stand.
