“The Vessel Is In ‘grounded Condition’ And Can Be Called A Dead Structure”: SC Dismisses The Plea Against Dismantling Of Ins Virat

The Supreme Court bench comprising Chief Justice SA Bobde, Justice AS Bopanna & Justice V Ramasubramanian on April 12, 2021 dismissed the writ petition against dismantling of INS Virat formerly known as HMS Hermes, is the oldest serving warship in the world which served the British Navy from November, 1959 to April, 1984 & after refurbishment it was commissioned into the Indian Navy in 1987.

In the present matter, the Government informed the Parliament on 1.07.2019 about its decision which it had taken in consultation with the Navy to scrap INS Viraat as Indian Navy was incurring expenditure on its upkeep & no State Govt was willing to take the ship on account of financial liability. Therefore, the sale of the vessel was arranged by way of a public auction through a Metal Scrap Trade Corporation Limited (MSTC Ltd.) in December 2019, but the same was cancelled due to insufficiency of the highest bid. 

To preserve INS Viraat as a memorial to promote & strengthen India & British Navy traditions, history & heritage, the petitioners made efforts by  approaching various corporate houses to make the project a public private partnership. A letter of Interest dated 26.03.2020 was issued by Blackstone Corporation Canada to which the petitioner vide letter dated 28.07.2020 sought advice of converting the warship into a Maritime Museum cum adventure centre. Although the representation was acknowledged by the respondents, they directed the petitioners to re-submit the proposal & seek a NOC from the Government of Goa. By a reply dated 20.09.2020, the Chief Minister of Goa stated that the State Government could issue no objection provided the petitioner’s proposal was agreed by the Ministry of Defence & that no financial obligation fell upon the State Government. 

In the meantime, fresh tenders were opened and the second respondent became the highest bidder & thereafter MMTC issued a letter of acceptance after which the second respondent made a total payment of about Rs 38.54 crores & subsequently a delivery order dated 22.10.2020 was issued to the respondent. 

The petitioners thereafter approached the highest bidder & without giving any guarantee, the second respondent advised the petitioners to take a NOC from the Government of India with a direction to the associated departments of the Central and State Governments for taking the ship out of the yard and converting it into a Museum.

Upon failure to comply with the conditions imposed by the second respondent, the petitioner approached the Bombay High Court which was disposed of by an Order dated 3.11.2020 with directions to the Union of India to take a decision on the petitioner’s representation. 

Considering the spirit with which the petitioners approached the Apex Court, the Bench issued notice & also passed an interim order to maintain status quo with regard to dismantling/breaking of the ship. 

Thereafter, the Court while dismissing the petition remarked that “The certificate of the surveyors shows that the vessel got severe hull damage in many areas, during embarkation of loose parts and equipment. All documents and certificates as well as the operational manuals have been removed and the navigational items and communications devices broken and removed. According to the surveyors, the vessel is in ‘grounded condition’ and can be called a dead structure.”

Case Title: M/S Envitech Marine Consultants Private Limited And Others V. Union Of India & Anr.| Special Leave Petition (Civil) Nos. 288-289 of 2021