Mangaluru, Karnataka . January 20, 2025
. In a decisive move to protect the coastal environment and ensure
navigational safety, the Dakshina Kannada District Magistrate has issued a
formal order for the removal of the MV Princess Miral, a cargo vessel that sank
off the Ullala coast in Karnataka. The vessel, carrying steel coils from
Malaysia to Lebanon, met its fate due to severe weather conditions, developing
hull breaches and ultimately succumbing to the sea. While all 15 crew members
were successfully rescued by the Indian Coast Guard, the submerged vessel now
poses a significant threat to the marine ecosystem and safe passage of other
vessels.
The order comes after a prolonged legal process,
including a writ petition (No. 23441 of 2023) and subsequent directives from the
Karnataka High Court. The court mandated the District Magistrate to determine
the jurisdiction of the wreck under Section 399 of the Merchant Shipping Act of
1958, clarifying the authority responsible for overseeing the removal operation.
An extensive on-site inspection, conducted on December 17, 2023, by a
multi-agency team comprising officials from various departments, including the
Additional Deputy Commissioner, Port Conservator, Public Works Department,
Fisheries Department, Karnataka State Pollution Control Board, and Mangaluru
City Corporation, confirmed the vessel's hazardous condition and the urgent need
for its removal.
Adding complexity to the situation, claims of
ownership and cargo rights have emerged, further delaying the removal process.
The Director General of Shipping (DG Shipping) in Mumbai, in response to
inquiries, clarified their limited role in ascertaining these claims, advising
local authorities to consult with the Mercantile Marine Department in Mangalore.
A subsequent public notice, issued on July 16, 2024, by the District Magistrate,
acting as the designated receiver of the wreck, called for claimants to formally
establish their ownership of the vessel and its cargo within 30 days. This
notice required certification from the respective embassies and the MMD,
Mangaluru, to validate ownership claims.
Several entities have since come forward. Balaji
Fuels of Gandhidham, Gujarat, claimed ownership of a portion of the cargo, but
their claim was rejected due to fraudulent documentation. 5Ocean Administration
Inc. and AXA Middle East SAL also staked claims, asserting ownership of the
vessel and a significant portion of the cargo, respectively. These claims are
currently under scrutiny, with the District Magistrate seeking conclusive proof
of ownership before proceeding with the cargo distribution.
In addition to ownership disputes, claims for
expenses incurred during the initial rescue efforts and subsequent monitoring
activities have been submitted by various agencies, including the New Mangalore
Port Authority, the Port Officer, Mangalore Refinery and Petrochemicals Limited,
and Bansal Endeavors LLP. These claims, totaling several million rupees, are
being meticulously reviewed by a specially formed committee to ensure their
validity and appropriateness.
The District Magistrate, in a firm stance, has
emphasized the urgency of the situation, citing the potential environmental and
navigational hazards posed by the wreck. The order mandates 5Ocean
Administration Inc., identified as the vessel's owner, to pay the stipulated
salvage and other charges, take possession of the wreck and its cargo, and
initiate the removal process within 15 days. Failure to comply will prompt the
District Magistrate to invoke powers under Section 398 of the Merchant Shipping
Act, authorizing the removal and disposal of the wreck.
The removal operation is expected to be a
complex and costly undertaking, requiring specialized equipment and expertise.
The District Magistrate has stressed the importance of adhering to all
environmental regulations and safety protocols during the removal process,
emphasizing the need to minimize any further impact on the marine environment.
The successful removal of the MV Princess Miral will not only eliminate a
significant navigational hazard but also mitigate the long-term ecological risks
associated with the continued submersion of the vessel and its cargo. The
incident has highlighted the challenges of dealing with maritime accidents and
the need for clear legal frameworks and efficient coordination among various
agencies to ensure swift and effective responses.
The vessel owner is represented by a top-tier shipping law firm, Brus Chambers from India.
