In a sharp interim order, the Bombay High Court at Goa pulled up authorities for failing to act against an alleged illegal construction on port land. The Court directed immediate steps to remove a statue of Chhatrapati Shivaji Maharaj erected at Mormugao without permission, calling out the State’s “complete inaction” in the face of clear trespass.
Background of the Case
The petition was filed by the Mormugao Port Authority (MPA), a statutory body managing port lands. It complained that unidentified persons had forcibly entered its property at Headland Sada Junction and erected a permanent statue without approval.
Despite multiple complaints to the police and local authorities in February 2026, no effective action was taken. The situation escalated when a public event was held on February 19, where the statue was formally unveiled in the presence of local political figures and a large gathering.
The Port Authority argued that the land is classified as “public premises” under law and any construction without its consent is illegal. It also pointed out that prior requests for permission to install such a statue had already been rejected.
The Bench of Justices Valmiki Menezes and Amit S. Jamsandekar took serious note of the sequence of events and the conduct of authorities.
The Court observed that there was no dispute regarding ownership of the land it clearly belonged to the Port Authority. Yet, authorities failed to prevent encroachment despite prior warnings of a possible law-and-order issue.
“The material on record shows a clear act of trespass… and yet the State machinery remained a silent spectator,” the bench noted.
The judges also highlighted that police had anticipated unrest and even sought deployment of executive magistrates, but no preventive steps were taken.
Importantly, the Court rejected the State’s argument that the Port Authority should have pursued remedies under the Public Premises Act or civil law. It clarified that:
“The existence of alternate remedies does not absolve the State from its duty to protect property and maintain law and order.”
The Court expressed concern over what it described as “gross inaction” by multiple authorities, including the police, executive magistrates, and district administration.
It noted that a large public gathering, statue unveiling, and continued construction took place openly, raising questions about administrative failure.
“The incident points to a glaring failure of the executive machinery,” the bench remarked during the hearing.
Passing interim directions, the High Court ordered:
- Immediate stoppage of all further construction at the site
- Full police protection to the Port Authority
- Permission for the Port Authority to remove and dismantle the statue, pedestal, and all related structures
- Restoration of the land to its original condition
The Court further directed senior officials, including the Superintendent of Police, to ensure strict implementation of the order and submit a compliance report.
The matter will be heard again on May 4, 2026, with the Court also seeking explanations from authorities for their inaction.
Case Details
Case Title: Mormugao Port Authority vs State of Goa & Ors.
Case Number: Writ Petition No. 511 of 2026
Judge: Justice Valmiki Menezes & Justice Amit S. Jamsandekar
Decision Date: 7 April 2026
