'INS Viraat Already Broken 40%' : Supreme Hints At Vacating Stay On Its Dismantling

The Supreme Court on Monday observed that it is inclined to accept the Marine Surveyor's report that has stated that the decommissioned Indian Navy aircraft carrier 'INS Viraat' is a 'dead structure', in a totally grounded condition and is therefore not in a seaworthy condition or in a navigational position.

A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian has directed the petitioner company Envitech Marine Consultants Private Limited, which is interested in buying the ship from its present owner to convert it into a maritime museum, to go through the report and see if there is anything wrong with it. The court will hear the matter on Monday, 12th April 2021.

If the Supreme Court accepts the Surveyor's report, it may lift the stay granted by it on the dismantling the vessel in plea filed seeking to preserve the iconic ship in national interest.

The Marine Insurance Surveyor in its report dated 12th Feb 2021 has called the vessel a 'dead structure' and stated that 40% of the dismantling and recycling work of the vessel is already completed.

According to the report, all major fixture and furniture and necessary machineries are dismantled and all navigational items and communications devices are broken and removed from its place due to the vessel being laid up since very long time.

During the hearing today, Senior Advocate Rajeev Dhawan appeared on behalf of Shree Ram Group of Industries, who purchased the ship in an open purchase agreement. The respondent was also represented by Advocates Akash Avinash Kakade and Somanath Padhan before the Court.

The Bench was initially inclined to take up the matter for hearing after two weeks Senior adv Rajeev Dhawan informed the Court that the petitioner has asked to appear in person, and file an application in this regard.

"This is a director not in a position to afford a lawyer, and this person is making a bid." Dhawan remarked. CJI Bobde stated that she has only said that they cannot afford the particular lawyer who was engaged in the present case. Dhawan submitted that the petitioners wish to convert the ship to a park and they are asking the Government to pay 40-60% of the cost.

"We don't know who these people are. They say government will have to pay 40-60% of the cost. This is a fly by night petition, and at present we are losing 1.6 crores due to the Court's stay order. " Dhawan submitted.

Dhawan added that application for permission to appear and argue in person was listed but before she could say anything the Court had issued notice instead.

"The permissions are granted by the Registry I'm told and not by us. The procedure is that interaction is with Registrar of this court and then court grants permission based on Registrar's report which is positive in this case" CJI observed

Dhawan further submitted that the ship was actually beached completely and because of the stay they are now spending 1.6 crores per month and 5 lakhs per day in maintaining that particular status quo.

"How'd you spend 5 lakhs a day?" CJI asked.

Dhawan responded to CJI's query and stated that when there is a tug, also called cheetah, it pulled the ship and beached it.

Dhawan made submissions informing the Court about the report of the Marine Insurance Surveyor, which has stated that the vessel is dead structure', is totally in grounded condition and is therefore not in a seaworthy condition or in a navigational position. The report has also stated that 40% of the dismantling and recycling work of the vessel is already completed.

"Its an open purchase, and they paid good money for it, and its become their property. They have already broken 40% of it. " CJI remarked.

The Petitioner in person and director of the petitioner company Rupali Sharma submitted that warships around the world have been converted to Museums. "The warship has become a private property and 40% of it has been broken down." Bench remarked.

The Bench further stated that the point here is not if the vessel is sea worthy or not, as no body has to sail her anymore.Dhawan however added that the idea of the petitioner is to sail it to Goa, as right now the ship is in Kandla. The Goa Minister has stated they won't contribute the money they want them to, Union of India and Defency Ministry has said no to this, and the Gujarat Marine Pollution Board has said it cannot be sailed.

At this point the Bench observed that it is inclined to accept the surveyor's report and has granted one week time to the petitioner company to look at the report and see if there's something wrong with the report.

It was on February 10 that the top court stayed the dismantling of decommissioned Indian Navy aircraft carrier 'INS Viraat' while issuing notice on a petition filed by a private company, who offered to preserve the iconic ship in national interest.

A bench headed by the Chief Justice of India was considering a petition filed by M/s Envitech Marine Consultants Private Limited, which is interested in buying the ship from its present owner to convert it into a maritime museum.

The ship was sold to Shree Ram Ship Breakers in an auction last year. The ship is now beached at Alang in Gujarat where it is being dismantled.

The owner of the company had previously told the bench that they are willing to offer Rupees 100 crores for the ship which was auctioned off for nearly Rs 65 crores. The bench had sought the responses of the Ministry of Defence and the present owner of the ship.

Envitech Marine Consultants had earlier approached the Bombay High Court with the prayer. On November 3 last year, a division bench comprising Justices Nitin Jamdar and Milind Jadhav directed the Ministry of Defence to take a decision on the representation made by the company for NOC to acquire the ship. On November 27, the Ministry rejected the request for NOC. The 65-year old aircraft carrier INS Viraat was inducted into the Indian Navy in 1987, after being acquired from UK, and decommissioned in 2017.

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