Expressing serious concern over the absence of an environmental impact assessment (EIA) on the sinking of MSC Elsa 3 off the Alappuzha coast in May 2025, the Kerala High Court on Tuesday sought the response of various Central agencies.

The court has sought the response of the Centre, Ministry of Environment, Forests and Climate Change (MoEFCC), and the Director-General of Shipping (DGS) on the marine and coastal ecological impacts caused by the wreckage.

The agencies have been asked to detail the manner in which the EIA will be carried out, the institutions or agencies considered competent to undertake the exercise, and the scope of the study. In addition, the court must be informed whether any interim measures have been contemplated to address the environmental and navigational concerns due to the sinking of the vessel along with the containers on board, said a Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar, while considering public interest litigations on the matter filed by T.N. Pratapan and others.

Many of the containers were carrying hazardous cargo, including 339.20 MT of calcium carbide. An estimated 475 containers remain sunk with the ship.

The High Court further sought details of whether steps had been taken to engage an independent expert agency, scientific institution, or technical consultant to verify the findings contained in the reports relied upon by the ship’s owners. Details as to whether any independent assessment has been conducted, or would be conducted, on the present status of the wreck and the submerged containers and whether they posed any navigational hazard, environmental risk, or threat to marine ecology and coastal communities, too must be submitted.

The DGS’s counter-affidavit stated that the issues involved had long-term environmental implications, damage to marine ecology, coastal sustainability, navigational safety, and potential future risks arising from the submerged wreck and its associated cargo. The determination of these issues requires independent scientific scrutiny by competent government agencies and statutory environmental authorities. A comprehensive and independent EIA ought to be undertaken under the guidance and supervision of the MoEFCC, the respective State pollution control boards, and other competent scientific institutions, the court noted.

Containers carrying different cargo, including plastic nurdles, remain onboard the wreck, hanging from the decks. Although the owners and the salvors were required to recover the dangerous cargo and the vessel after improvement of weather conditions post-monsoon 2025, no effective steps were taken, and remedial measures have been limited largely to beach and shoreline clean-up, the petitioner submitted, adding that unless immediate action was taken, there was substantial risk of further environmental damage, threat to marine biodiversity, contamination of the coastline, and serious harm to the livelihood and safety of coastal communities.

Considering that the DGS is not the nodal agency to undertake EIA, the court suo motu impleaded the MoEFCC in the case.