The Kerala High Court has expressed serious concern over the navigational and environmental hazards posed by the wreck of the MSC Elsa 3 and its containers, which have been lying on the seabed off the Kerala coast for over a year. The court directed the central government to submit a status report on the measures taken to address the issue.
Court Directives and Timeline
A bench comprising Justices V Raja Vijayaraghavan and K V Jayakumar on Tuesday instructed the additional solicitor general to obtain directives from the Director General of Shipping (DG Shipping) and the Ministry of Environment, Forest and Climate Change (MoEFCC) by June 23. The court was hearing a batch of public interest litigations (PILs) seeking compensation for fishermen and other stakeholders affected by the sinking of the Liberian-flagged cargo vessel on May 25, 2025.
Environmental Impact Assessment Required
The High Court noted that a comprehensive and independent environmental impact assessment, under the guidance and supervision of MoEFCC, is necessary. It observed that no material had been presented to indicate that such an assessment had been completed or meaningfully commenced. The court directed DG Shipping to provide details on the proposed assessment methodology, competent institutions or agencies for the task, and the timeline for completion.
Response from Vessel Owner and Insurers
While reviewing reports on steps taken to remove the wreck, the court noted that the vessel owner and its P&I insurers have not responded in writing to repeated notices from DG Shipping regarding wreck removal. Instead, the shipping company submitted technical reports by private consultants, claiming the wreck and containers do not pose navigational hazards or environmental threats. However, DG Shipping argued that these assessments cannot be considered conclusive as they were prepared by entities engaged by the owner and insurers.
Risks to Navigation and Environment
In its counter-affidavit, DG Shipping emphasized that the wreck continues to pose risks to navigational safety, the marine environment, and the livelihoods of coastal communities. The court directed DG Shipping to clarify whether steps have been taken to engage an independent agency to verify the findings of the shipping company's reports.
Oil Recovery Operations
The counter-affidavit also stated that oil recovery operations from the sunken vessel were successfully completed on September 24, 2025. However, the High Court directed DG Shipping to provide details of the methodology used for the recovery.
