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IN THE HIGH COURT OF BOMBAY AT GOA BENCH
VALMIKI MENEZES, AMIT S.JAMSANDEKAR
Mormugao Port Authority – Appellant
Versus
State of Goa Thr. Its Chief Secretary – Respondent
| Table of Content |
|---|
| 1. petition alleges illegal statue on port land. (Para 1 , 2 , 3 , 4) |
| 2. encroachment complaints ignored; mla unveils statue. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. police inquiry ongoing; parties press interim relief. (Para 13 , 14) |
| 4. state urges ppa remedies over police intervention. (Para 15 , 16 , 17) |
| 5. mpa undisputed title; prior noc refused. (Para 18 , 19 , 20 , 21 , 22) |
| 6. police foresaw disorder but failed prevention. (Para 23 , 24 , 25 , 26 , 27) |
| 7. political unveiling event despite notices; state inaction. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 8. no fir on cognizable trespass; inquiry misused. (Para 36 , 37 , 38 , 39 , 40) |
| 9. state must protect port property from trespass. (Para 41 , 42 , 43 , 44 , 45) |
| 10. interim police aid for structure removal ordered. (Para 46 , 47 , 48 , 49 , 50) |
JUDGMENT :
1. Heard Mr. Yogesh V. Nadkarni, Learned Advocate for the Petitioner, Mr. Devidas Pangam, Learned Advocate General with Mr Shubham Priolkar and Mr Rishikesh Gawas, Learned Additional Government Advocates for the Respondents No. 1 to 3 and Mr. Ravi Anand, Learned Advocate for Respondent No.5.
2. The Mormugao Port Authority (MPA), which is a statutory body constitut
State police must protect statutory authority's property from criminal trespass and unauthorized constructions, providing assistance for removal despite special remedies, as law and order duty cannot....
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
The installation of statues by municipal authorities falls within their discretionary powers under the Maharashtra Municipal Corporation Act, and such actions are justified when they serve public saf....
Statutory authorities cannot act on verbal instructions and must follow due process, including issuing notice before enforcement actions.
Section 210 (1) (a) empowers the Commissioner to prescribe a street line for the first time without the prior approval of the Standing Committee (as has been done in the present case). It is only und....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
The duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
The court's decision emphasized the need for evidence and compliance with the Guwahati Metropolitan Development Authority Act, 1985, in cases of unauthorized constructions, while also allowing for eq....
Point of law: Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the inte....
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