Order/ Direction Under Section 66 of the Goa Panchayat Raj Act to remove a statue of Shivaji Maharaj installed illegally on a Major District road near Calangute Police station.
“Whereas the Calangute Panchayat had made arrangements to install a High Mast pole for the convenience of the public at the cross-road location near Calangute Police station on Saligao – Calangute Road, a major District Road. However, one group under the name Shivswarajya Calangute, C/o Dnyaneshwar Mathkar claiming to be the propagating ideology of Shivaji Maharaj illegally during the night on 03/06/2023, installed the full-size statue of Shivaji sitting on the horse at the said location which is the major District Road maintained by Public Works Department presently developed by Goa Infrastructure Corporation by spending huge fund,” the panchayat notice signed by Sarpanch Joseph Sequeira says.
Further, it adds, Panchayat had earlier received a letter from the name Shivswarajya Calangute, c/o Dnyaneshwar Matkar, dated 2/5/2023, that they propose to install the statue at this location.
The order says no permission from any authority has been obtained, and the Panchayat has not granted any permission as the Panchayat wanted to install High Mast Pole.
“As per the judgment of the Honorable Supreme Court, such statues or structures cannot be installed in the middle of the road. The Apex Court in SLP (Civil) No.8519/2006 (Union of India Vs State of Gujarat and others) vide order dated 18.01.2013 reported in 2013 SCC OnLine SC 1472 has held as under:
“Until further orders, we direct that the status quo, as obtained today, shall be maintained in all respects by all concerned with regard to Triangle Island, where statue of the late Shri N. Sundaran Nadar has been permitted to be sanctioned. We further direct that henceforth. State Government shall not grant any permission for Installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places.”
Obviously, this order shall not apply to the Installation of high mast lights, street lights or construction relating to electrification, traffic, toll or for development and beautification of the streets, highways, roads etc, and relating to public utility and facilities, SC had said.
The SC order adds, “The above order shall also apply to all other states and union territories. The concerned Chief Secretary/Administrator shall ensure compliance of the above order.”
Sarpanch Joseph Sequeira says the above order of the Hon’ble Supreme Court is required to be complied with all the authorities as no permission is obtained from Public Works Department, Town and Country Planning Department, Collector, Village Panchayat under Goa Panchayat Raj Act, under Goa Prevention of Defacement of Property Act 1988.
“Therefore, Installation of such statue on the road is completely illegal, in violation of all the laws, criminal offence well as in violation of an order of Hon’ble Supreme Court which mounts to contempt of the Hon’ble Court,” the notice from Panchayat reads.
The notice also says Installation of such a statue is illegal, and if the statue is retained at this location, then any anti-social elements may damage the same in future, and it will lead to fights and breach of peace in the Village
“Government and the authorities, as well as the citizens, have to obey the law and orders of the Hon’ble Supreme Court. However, the Government authorities and Shivswarajya Calangute Trust has violated the order of the Hon’ble High Court and, without any permission, installed the statue illegally. Hence Panchayat has resolved to direct Shivswarajya Calangute and Executive Engineer, Public Works Department Mapusa and Goa State Infrastructure Development Corporation, Panaji – Goa to remove the said statute immediately and comply with the order of Supreme,” it says.
Hence the Panchayat, as per resolution no. IX J(108) dated 08/06/2023 hereby direct you to remove the said statue from the above location within 10 days of receipt of this order failing which the Panchayat shall take further action to remove the said statue, and the cost shall be recovered from you