The Goa Bench of the Bombay High Court has directed immediate removal of an unauthorised statue of Chhatrapati Shivaji Maharaj erected on land belonging to the Mormugao Port Authority (MPA), coming down heavily on the State machinery for failing to prevent the encroachment.
The Court was hearing a plea filed by the MPA alleging that unknown persons had forcibly entered its land at Headland Sada, Vasco-da-Gama, and installed the statue without permission. Despite complaints dated February 16 and 20, 2026, no effective action was taken by the police or local authorities, allowing construction to continue and culminate in a public unveiling event attended by local MLA Sankalp Amonkar and a large gathering.
A Bench of Justices Valmiki Menezes and Amit S. Jamsandekar noted that the land in question is undisputedly owned by the Port Authority and that the erection of the statue prima facie amounted to criminal trespass. The Court found that authorities were fully aware of the situation and even anticipated a law-and-order issue, yet failed to take preventive steps.
Making strong observations, the Court said the incident reflected a “glaring and tacit understanding” between authorities and those responsible for the encroachment, adding that the State had acted as a mere bystander despite a clear invasion of public property.
Rejecting the State’s contention that the Port Authority should pursue remedies under the Public Premises Act or rely on its own security forces, the Court held that such arguments do not absolve the State of its duty to maintain law and order and prevent illegal acts.
“The State cannot refuse to protect property and suggest that the owner fend for itself,” the Bench indicated, stressing that criminal trespass and public disorder must be addressed by State authorities.
By way of interim relief, the Court directed the police and district administration to provide adequate protection and assistance to the MPA to dismantle and remove the statue, pedestal, and all related structures, and to restore the site to its original condition. It also ordered that no further construction be carried out at the site.
The Superintendent of Police, South Goa, has been tasked with overseeing compliance and filing a report. The Court has kept the matter pending and indicated that it will further examine the apparent inaction of officials in the case.
Appearances :
For the Petitioner: Mr. Yogesh V. Nadkarni, Advocate, Ms Simran Khadilkar and Mr. Kunal Nadkarni, Advocates for the Petitioner.
For the Respondents: Mr. Devidas Pangam, Advocate General with Mr. Shubham Priolkar and Mr. Rishikesh Gawas, Additional Government Advocates for Respondents No. 1 to 3.
Mr. Ravi Anand, Advocate for Respondent No.5.
