The Supreme Court has refused to intervene with a Bombay High Court order for removal of a Chhatrapati Shivaji Maharaj statue from land owned by the Mormugao Port Authority in Goa.
As a Bench of Justice MM Sundresh and Justice Sheel Nagu was not inclined to to interfere with the High Court’s April 7 order, petitioners Rajendra Laxman Parab and others chose to withdraw the petition and accordingly it was “dismissed as withdrawn”.
The top court, however, gave 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, saying it had been constructed illegally and installed in gross violation of local laws. The High Court had criticised the authorities and the Goa administration for remaining “mere bystanders” while the statue was allegedly installed without legal authorisation.
However, the petitioners contended before the top court that the High Court had effectively granted final relief while deciding an interim application.
The Mormugao Port Authority had contended 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 had failed to take any action, the High Court had said.
