SC Declines Plea Against High Court Order For Removal of Shivaji Maharaj Statue From Goa's Mormugao Port Land

New Delhi: The Supreme Court has declined to interfere with an order of the Bombay High Court directing the removal of a statue of Chhatrapati Shivaji Maharaj from land belonging to the Mormugao Port Authority.

As a bench of Justices MM Sundresh and Justice Sheel Nagu was not inclined to pass a favourable order, the petitioners chose to withdraw the case and the same was dismissed as withdrawn.

It, however, gave the petitioners liberty to move an appropriate application before the High Court to seek a variance of its order.

"Counsel appearing for the petitioners seeks to withdraw the present Special Leave Petition. Permission is granted. The Special Leave Petition is, accordingly, dismissed as withdrawn with liberty to file an appropriate application before the High Court and seek variance of the impugned order," the order passed on July 2 stated.

The petitioners contended before the top court that the High Court had effectively granted final relief while deciding an interim application.

The bench was hearing an appeal against the High Court direction which ordered removal of the statue from the Port Authority land holding that it was installed in "gross violation" of local laws and constructed illegally.

The High Court also criticised the authorities and the Goa administration for remaining "mere bystanders" while the statue was allegedly installed without legal authorisation.

According to the Mormugao Port Authority's plea before the High Court, 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.

The High Court observed that despite repeated assertions that removing the structure could give rise to a law and order situation, the authorities had failed to take any action.