Bombay HC Orders Urgent Discharge of LPG from Arrested Ship at Jaigarh Port
The Bombay High Court has ordered urgent measures for the discharge of 1,880.26 metric tonnes of highly inflammable liquefied petroleum gas from an arrested vessel berthed at Jaigarh Port in Ratnagiri, citing serious safety defects that pose severe risks to human life, port infrastructure, and the environment.
Justice Abhay Ahuja issued the direction while hearing an interim application moved by JSW Jaigarh Port Ltd. The vessel, LPG Amir Gas, had been arrested by the court in April as part of a commercial admiralty dispute, during which an earlier order had restrained the discharge of its cargo.
The court was informed that the LPG cargo requires continuous cooling. An inspection conducted by the Directorate General of Shipping on August 5 revealed critical defects aboard the ship. These included a non-functional main cargo cooling pump, an inoperative water sprinkler firefighting system and sprinkler pumps, and a non-operational inert gas system. Additionally, the vessel’s protection and indemnity insurance had expired.
Senior Advocate Prashant Pratap, representing the port, submitted that any failure to maintain the cargo's temperature could trigger an explosion, endangering the crew and causing widespread damage to the vessel, port facilities, other ships, and the surrounding area. The court was told that an explosion could potentially cause damage across a radius of 5 to 10 kilometres.
Taking note of the exigent circumstances, the court ruled that any party depositing AED 34,78,481 as security could have the LPG cargo discharged in its favour. The plaintiff agreed to deposit the sum, following which permission for the discharge was granted.
The court directed Customs authorities to facilitate the discharge operations and instructed the plaintiff to supply at least 50 metric tonnes of marine gas oil and 10 kilolitres of lube oil. Emergency repairs identified in the DG Shipping inspection report must also be carried out until the cargo is completely unloaded.
The court clarified that permission to discharge is contingent on the deposit of the security amount. However, in light of the severe hazards involved, the court directed DG Shipping along with National, State, and District Disaster Management Authorities to prepare and plan for a safe discharge even if the deposit is not made, in order to avert a catastrophe from potential leakage.
The vessel owner was further directed to supply adequate food and fresh water to the crew and secure protection and indemnity insurance within a week. The arrest of the vessel will remain in force after the cargo is discharged.
