Kiran Raj

The National Green Tribunal Principal Bench of Chairperson Justice Prakash Shrivastava and Expert Member Dr. A. Senthil Vel has taken suo motu cognizance of potential environmental hazards arising from the sinking of a Liberian-flagged vessel, directing multiple governmental agencies to respond. The Tribunal acknowledged the substantial issue of environmental compliance under various central statutes and called for affidavits from all concerned authorities. Without referring to any parties, the Bench emphasized the possibility of serious ecological consequences stemming from the drifting of hazardous cargo, warranting urgent preventive measures and legal scrutiny.

The proceedings stem from a suo motu original application registered on May 27, 2025, following a news item published in The Hindu titled "Containers from sunken ship likely to drift towards Alappuzha, Kollam Coasts in 48 hours: INCOIS", dated May 25, 2025.

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The vessel in question, MSC ELSA 3, a Liberian-flagged container ship, sank off the Kochi coast on a Sunday morning. At the time of the incident, the ship was transporting 640 containers, including 13 that reportedly contained hazardous materials. Of these, 12 containers were confirmed to be carrying calcium carbide. According to information provided by the Ministry of Defence, the ship was also carrying 84.44 metric tons of diesel and 367.1 metric tons of furnace oil.

Initial monitoring reports from the Indian National Centre for Ocean Information Services (INCOIS) indicated that certain coastal areas in Alappuzha and Kollam were at high risk of contamination within 48 hours. Specifically, INCOIS’ preliminary studies highlighted the potential impact on regions such as Alappad, Purakkad, and Chappakkadavu in Alappuzha, along with Vellanathuruthu, Kovilthottam, and Maruthadi in Kollam. The risk was estimated at 25%.

It was further noted that beyond Kerala, the pollutants could travel across coastal waters due to wave, wind, and current action, with a likelihood of affecting other coastal states and even reaching the Lakshadweep Islands. The Tribunal acknowledged the particular vulnerability of Lakshadweep, given its high marine biodiversity and coral ecosystems.

Concerns were raised about the nature and content of the hazardous cargo, particularly the absence of detailed disclosure regarding all 13 containers marked as dangerous. The Tribunal recorded that the ship owner, MSC, was expected to issue clarifications regarding the precise substances being transported.

The reported materials—calcium carbide, diesel, furnace oil, and potentially undisclosed hazardous substances—presented significant risks to water quality, aquatic biodiversity, and coastal habitats. The Tribunal cited possible violations of three major environmental statutes: the Biological Diversity Act, 2002; the Water (Prevention and Control of Pollution) Act, 1974; and the Environment (Protection) Act, 1986.

Acknowledging the gravity of the situation and its broad implications for marine ecosystems and regulatory compliance, the Bench initiated proceedings under its statutory jurisdiction. It relied on the authority confirmed by the Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors., reported in 2021 SCC Online SC 897, which validated the Tribunal’s power to take suo motu cognizance.

The Tribunal further took the step of impleading multiple authorities as respondents to ensure comprehensive regulatory oversight and coordinated response.

The following were impleaded:

1. Kerala Pollution Control Board (KPCB): Represented by the Member Secretary, headquartered in Pattom, Thiruvananthapuram.

2. Lakshadweep Pollution Control Committee (LPCC): Represented by the Member Secretary, based in Kavaratti Island under the Department of Science and Technology & Environment.

3. Central Pollution Control Board (CPCB): Represented by the Member Secretary, headquartered in East Arjun Nagar, Delhi.

4. Ministry of Environment, Forest and Climate Change (MoEF&CC): Through its Secretary at Indira Paryavaran Bhawan, New Delhi.

5. Ministry of Ports, Shipping and Waterways: Represented by its Secretary located at Parivahan Bhavan, New Delhi.

6. Indian Coast Guard: Represented by the Director General at National Stadium Complex, New Delhi.

7. Indian National Centre for Ocean Information Services (INCOIS): Represented by its Director, headquartered in Hyderabad.

Each of these bodies was tasked with filing a response via affidavit. The Tribunal specified that these affidavits must be submitted at least one week prior to the next scheduled hearing.

The Tribunal observed in the order: “The news item relates to the Liberian–flagged container ship, MSC ELSA 3 which sank off the Kochi Coast on Sunday morning drifting towards the entire coastal stretch of Alapppuzha district and parts of Kollam.”

On the materials being transported, it was recorded: “The Ship was carrying 640 containers including 13 with hazardous cargo and 12 containing calcium carbide.”

Regarding the imminent environmental danger, the Tribunal stated: “Since the sunken ship is carrying hazardous materials like calcium carbide, oil and other undisclosed items there are chances of serious impact to the marine and coastal environment affecting the bio diversity and water quality of the area.”

On the potential geographic scope of the threat, the Bench recorded: “On account of wave, wind and current actions of the waters these pollutants can travel to other coastal parts of the Country including Lakshadweep islands affecting them.”

The ecological sensitivity of Lakshadweep was highlighted with the observation: “The impact on the Lakshadweep Island will be severe as the Insland coastal water has high bio-diversity with corals.”

Further, the Bench outlined statutory concerns: “The above matter indicates violation of the Biodiversity Act, 2002; Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.”

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The legal authority to take suo motu cognizance was affirmed by stating: “The power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of ‘Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.’ reported in 2021 SCC Online SC 897.”

The Tribunal issued a notice to all seven impleaded respondents directing them to submit a reply by affidavit. The court specified that the affidavits must be filed “at least one week before the next date of hearing.” The notice was issued with the instruction that: “If any respondent directly files the reply without routing it through his advocate then the said respondent will remain virtually present to assist the Tribunal.”

The next hearing in the matter was scheduled for July 30, 2025.

Case Title: Suo Motu in Re: “Containers from sunken ship likely to drift towards Alappuzha, Kollam Coasts in 48 hours: INCOIS”
Case Number: Original Application No. 270/2025
Bench: Justice Prakash Shrivastava, Chariperson,  Dr. A. Senthil Vel, Expert Member

[Read/Download order]