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The Telangana High Court Wednesday granted a three-week extension to the Centre as well as the state government to file their additional affidavit and counter affidavit, respectively, with respect to a Public Interest Litigation (PIL) petition challenging the allotment of 2,900 acres of reserve forest land in the Vikarabad district for a Navy radar station.
The division bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin posted the matter for hearing on November 13.
The PIL, filed by a society named ‘Damagundum Forest Protection JAC-Save Damagundam’ raised severe concerns regarding the environmental impact, compensatory afforestation, and the potential effects of low-frequency radiation from the Very Low Frequency (VLF) radar project in the 2900 acres of land allotted by the state government in Vikarabad.
During the hearing, the court sought to know the status of the project and was informed that the project is currently allowed to proceed, subject to the outcome of the PIL. An initial stay order granted was modified in February 2021, allowing the project to continue.
The counsel for the implead petitioners pressed for compliance regarding compensatory afforestation, stating that although Rs 2,057 crore had been allocated to the fund, the government has not yet assigned any lands for this purpose.
The counsel, while acknowledging the project’s defence purposes, argued that the court has sought counter-affidavits from the state on two occasions already, and non-compliance with afforestation mandates was a major outstanding issue.
The court-appointed Amicus Curiae stated that the Union of India’s counter-affidavit had not fully addressed several issues, mainly radiation from the proposed VLF radar station. These include concerns over the biodiversity impact on the Vikarabad forest area, which is known for its medicinal plants and role in air purification.
He referred to the Precautionary Principle, which states that the project proponent must demonstrate that the proposed change is environmentally benign and non-injurious, with the burden of proof resting on the proponent. He said the tenure of the Expert Committee, constituted to inquire into the potential environmental and health impacts, especially from radiation from the radar station, has not been extended beyond 2021.
Concerns were also raised regarding the potential radiation from the low-frequency radar, with the Amicus Curiae noting that the counter was unclear on this issue. He mentioned that while there are no conclusive studies on its long-term effects, courts have previously restricted the installation of radiating towers near sensitive locations like schools and hospitals.
The bench also sought clarity on the status of the Expert Committee constituted under Section 41 of the Biodiversity Act, 2002, as its tenure appeared to have expired in 2021, and its obligation to maintain a register of the project’s impact had not been met.
The judge directed all parties to prepare their submissions and granted time to the respondents. “Three weeks more time is allowed to the concerned respondents to file their additional affidavit or counter affidavit. The matter be listed on the 13th of November.”
