HC asks govt to explain funds for land under ‘illegal’ Shivaji statue

PANAJI
The Goa government will have to explain to the High Court of Bombay at Goa the quantum of public money expected to be spent to acquire land on which the allegedly unauthorised Chhatrapati Shivaji Maharaj statue has already been erected.
The Division Bench comprising Justice Valmiki Menezes and Justice Amit Jamsandekar on Monday directed the Chief Secretary to file an affidavit explaining the State’s proposal to purchase about 178 sq mtrs of Mormugao Port Authority land at Headland-Sada, including the source of funds for the acquisition and the policy under which the government proposes to retain a structure allegedly constructed illegally.
The direction came as the court considered the MPA’s request to withdraw its petition concerning the unauthorised installation of the statue on its property. The port authority had sought withdrawal after the State government communicated its decision to acquire the encroached portion and compensate the MPA.
The Bench, during the hearing, however, sought greater clarity before allowing the withdrawal.
“Since proposed in the affidavit for sale of the port authority land to the State of Goa, the quantum of expenditure on such purchase and the funds ...be cleared,” it said, directing the Chief Secretary to place the details before the court within two weeks.  The matter will next be heard on November 3.
In its affidavit filed last month, the port authority said the State government had communicated its decision to purchase the portion of land on which the encroachment had taken place and pay the necessary compensation.
The court had cautioned that permitting the MPA to withdraw the petition merely because the State proposed to buy the land could set a “bad precedent”. It raised the concern that such a course could effectively signal that encroachments on public or private property could eventually be regularised through government acquisition if authorities failed to act against them at the outset.