Elsa 3 capsize: Possibility of engaging independent underwater surveyor being explored, Kerala HC told
Aug 17, 2026, 11.21 PM IST
Kochi: The director general of shipping (DGS) submitted before the high court that the possibility of engaging an independent underwater surveyor with good credentials was also being explored, in addition to seeking the assistance of the Indian Navy, for an underwater technical assessment of the sunken container vessel MSC Elsa 3, which capsized off the Kerala coast on May 25, 2025.
The additional solicitor general appeared on behalf of the DGS and further submitted that the prevailing weather and sea conditions were not conducive to safe and effective underwater operations. He said further measures would be taken once a response was received from the Indian Navy. The submission was made in response to certain PILs seeking adequate compensation for the fishing community and other stakeholders following the capsizing of MSC Elsa 3 off the Kerala coast.
The ASG also submitted that, based on the information presently available, the wreck did not appear to pose a danger or impediment to surface navigation. However, the wreck continued to contain hazardous cargo and other materials, including plastic nurdles and calcium carbide, which could adversely affect the marine environment if released. The wreck of MSC Elsa 3 was required to be removed by the vessel owners, particularly considering the hazardous cargo and other environmentally sensitive materials associated with the wreck. He further informed the court that a scientific and environmental assessment had been undertaken by the CSIR-National Institute of Oceanography (CSIR-NIO) and sought additional time to place the assessment before the court.
Meanwhile, counsel for one of the petitioners, former MP T N Prathapan, sought an order vacating the court’s previous order restraining govt officers from negotiating with the vessel owners without invoking the admiralty jurisdiction to secure adequate compensation. The counsel further submitted that the state govt had issued an order constituting a committee of officers to engage with M/s MSC and put in place an institutional arrangement to create a financial package for use by the state for risk and damage assessment, management and remedial measures, including compensation. The member secretary of the Kerala state disaster management authority had been designated as the single nodal point of contact with M/s MSC.
The court adjourned the matter to Sept 14 after the other petitioners and the state sought time to respond.
The additional solicitor general appeared on behalf of the DGS and further submitted that the prevailing weather and sea conditions were not conducive to safe and effective underwater operations. He said further measures would be taken once a response was received from the Indian Navy. The submission was made in response to certain PILs seeking adequate compensation for the fishing community and other stakeholders following the capsizing of MSC Elsa 3 off the Kerala coast.
The ASG also submitted that, based on the information presently available, the wreck did not appear to pose a danger or impediment to surface navigation. However, the wreck continued to contain hazardous cargo and other materials, including plastic nurdles and calcium carbide, which could adversely affect the marine environment if released. The wreck of MSC Elsa 3 was required to be removed by the vessel owners, particularly considering the hazardous cargo and other environmentally sensitive materials associated with the wreck. He further informed the court that a scientific and environmental assessment had been undertaken by the CSIR-National Institute of Oceanography (CSIR-NIO) and sought additional time to place the assessment before the court.
Meanwhile, counsel for one of the petitioners, former MP T N Prathapan, sought an order vacating the court’s previous order restraining govt officers from negotiating with the vessel owners without invoking the admiralty jurisdiction to secure adequate compensation. The counsel further submitted that the state govt had issued an order constituting a committee of officers to engage with M/s MSC and put in place an institutional arrangement to create a financial package for use by the state for risk and damage assessment, management and remedial measures, including compensation. The member secretary of the Kerala state disaster management authority had been designated as the single nodal point of contact with M/s MSC.
The court adjourned the matter to Sept 14 after the other petitioners and the state sought time to respond.