New Delhi: The Supreme Court on Monday dismissed a special leave petition filed by a private firm requesting a stay on the dismantling of decommissioned Indian Navy aircraft carrier ‘INS Viraat’, so that they could convert it into a maritime museum, LiveLaw has reported.
The 65-year-old aircraft carrier was inducted into the Indian Navy in 1987, after it was procured from the UK, and had been operational until 2017 when it was decommissioned.
A bench headed by Chief Justice S.A. Bobde told the counsel of M/s Envitech Marine Consultants Private Limited that it was too late into the case as 40% of the ship had already been dismantled, and there was nothing that can be done as the government had already made its mind.
M/s Envitech Marine Consultants Private Limited had submitted to the court that they had offered to buy the ship at Rs 100 crore from Shree Ram Ship Breakers, which had got it from the Centre in an auction last year at Rs 65 crore. Envitech wanted to preserve the iconic ship in the national interest by converting it into a museum.
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The counsel representing Shree Ram Ship Breakers informed the court that they had bought the ship in an open auction and the petitioner had the liberty to approach the ministry of defence to get permission. However, when the petitioner had sought the ministry’s NOC, it was rejected on November 27, 2020.
Envitech had moved the Bombay high court with the same plea last year in November. A division bench of Justices Nitin Jamdar and Milind Jadhav then directed the ministry of defence to take a decision on the representation made for the maritime museum. It was then the ministry of defence rejected the request for NOC.
The petitioner then moved the apex court for relief. When the matter came up for hearing on February 10, the court had stayed the dismantling of the decommissioned ship while issuing notices to parties involved.
Finally, when the matter came up for hearing on Monday, April 12, the chief justice told the petitioner that “we are with you as far as the spirit of nationalism is concerned, but you are already too late in this case. 40% of the ship has been dismantled. We cannot interfere now. The government has already taken a decision”.