Latest news with #Admiralty(JurisdictionandSettlementofMaritimeClaims)Act
Time of India
a day ago
- Business
- Time of India
Loss of fish due to shipwrecks is economic loss: Kerala HC
Kochi: High court has observed that the loss of commercially harvested fish due to marine pollution caused by the recent shipwrecks in the exclusive economic zone (EEZ) qualifies as an economic loss. The observation was made while considering a petition by former MP T N Prathapan, who sought a comprehensive compensation package for fishermen and other stakeholders affected by the ship accidents off the Kerala coast. The court emphasised that the EEZ — extending up to 200 nautical miles from the baseline — falls under the sovereign rights of the Union for exploration, exploitation, conservation and management of both living and non-living natural resources. The Union also holds exclusive jurisdiction to protect the marine environment and prevent marine pollution within this zone. Therefore, losses sustained in the EEZ must be considered for compensation, the court noted. The court is examining two recent maritime incidents: the sinking of MSC ELSA-3, a Liberian-flagged cargo vessel, on May 25 off the Kerala coast, and the fire aboard cargo ship WAN HAI 503, off the Kannur coast on June 9. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Memperdagangkan CFD Emas dengan salah satu spread terendah? IC Markets Mendaftar Undo As per the HC's directive, the cargo manifest of MSC ELSA-3 has been published on the official website of the Kerala State Disaster Management Authority (KSDMA). According to the owners, MV WAN HAI 503 was carrying 1,754 containers, many of which contained flammable liquids, solids, corrosive chemicals, pesticides and other environmentally hazardous substances such as printing ink and thinning agents. HC noted that such materials pose a serious threat to marine ecology. Citing various statutory provisions, including the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, the court noted that the govt is empowered to initiate both civil and criminal proceedings against the vessel and its owners to recover damages. The court also appointed Adv Arjun Sreedhar as amicus curiae in the case. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
New Indian Express
2 days ago
- Politics
- New Indian Express
Maritime incidents: Kerala HC asks state to proceed against shipping firms
KOCHI: Expressing concern over repeated maritime incidents off the state's coast, Kerala High Court has directed the state government to proceed against the shipping companies, including by taking actions such as seizing sister vessels. This (the incidents) is costing the public exchequer, said a division bench headed by Chief Justice Nitin Jamdar. 'If these instances keep happening, the burden will be on the state exchequer. It is best to proceed against the companies, and the state can also arrest sister vessels. Slow or no action should not become a precedent... there has to be prompt action. If there is a bigger incident in the future, this action will set a precedent,' it said. '...the state should not leave any stone unturned as far as offenders are concerned.' The bench said the Union and state governments should take all possible action under law. Under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, a collector can file a suit to enforce a maritime lien on a vessel. This lien arises from dues owed to the port, such as charges for using port facilities or damage caused by the vessel to port property. The cost to the public exchequer should be recovered from the persons responsible, the bench added. It sought to know whether the incidents would require the National Investigation Agency (NIA) to step in. Advocate General (AG) Gopalakrishna Kurup informed the court that police have registered an FIR and started an investigation. The AG added that no court can take cognizance of any offence under the Environment (Protection) Act except on a complaint made by the central government or any authorised officer. The court replied that it's for the central and state governments to take action. It also said it will appoint an amicus curiae to assist the court in the matter. The loss of fish resources from pollution and the resulting economic loss must be considered, the bench added.
