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Supreme Court of India 2021-04-12 dismissed

M/S ENVITECH MARINE CONSULTANTS PRIVATE LIMITED AND OTHERS vs UNION OF INDIA & ANR

Bench: 3 — S.A. Bobde, A.S. Bopanna, V. Ramasubramanian

In Brief

M/s Envitech Marine Consultants and others sought to preserve the decommissioned warship INS Viraat (formerly HMS Hermes) as a maritime museum and memorial to Indian and British naval heritage, rather than allow it to be scrapped. Despite the petitioners' interest, the second respondent won a public auction to dismantle the ship for scrap. The Ministry of Defence rejected the petitioners' proposal for conversion. The Court dismissed the appeal, holding that no relief was possible: the petitioners could not meet the bidder's conditions, the MOD had categorically rejected the proposal, and 35-40% dismantling was already completed with severe hull damage, rendering preservation infeasible at that stage.

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