MSC Elsa 3 sinking: Kerala HC seeks status report from Centre on steps taken to address environment and navigation concerns

Kochi: Expressing concern over the threat posed to navigation and the marine environment by the wreck of the sunken vessel MSC Elsa 3 and its containers lying on the seabed off the Kerala coast for over a year, the Kerala high court has sought a status report from the central govt on the steps taken to address the issue.A bench of Justices V Raja Vijayaraghavan and K V Jayakumar on Tuesday directed the additional solicitor general to obtain instructions from the director general of shipping (DG Shipping) and ministry of environment, forest and climate change (MoEFCC) on the matter by June 23. HC was considering 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.HC noted that a comprehensive and independent environmental impact assessment under the guidance and supervision of MoEFCC is necessary. It further observed that so far no material had been placed before it to indicate that such an assessment had either been completed or meaningfully commenced. The court directed DG Shipping to furnish details of how the proposed assessment is to be carried out, the institutions or agencies considered competent to undertake the exercise, and the timeframe for its completion.

While perusing reports and records regarding the steps taken by various entities to remove the wreck from the seabed, HC noted that the vessel owner and its P&I insurers have yet to respond in writing to repeated notices issued by DG Shipping regarding wreck removal. Instead, the shipping company relied on technical reports prepared by private consultants, which stated that the wreck and containers lying on the seabed do not constitute either a navigational hazard or an ongoing environmental threat.However, DG Shipping stated that the assessments and conclusions relied upon by the vessel owner cannot be accepted as conclusive, as they were prepared by private entities and consultants engaged by the owner and its insurers. In its counter-affidavit, DG Shipping further pointed out that the wreck continues to pose risks to navigational safety, the marine environment, and the livelihoods of coastal communities.

HC then directed DG Shipping to clarify whether any steps have been taken to engage an independent agency to verify the findings contained in the reports with the shipping company.Similarly, the counter-affidavit stated that oil recovery operations from the sunken vessel were successfully concluded on Sept 24, 2025. However, HC directed DG Shipping to place on record details of the methodology adopted.