Navy’s ELF Project Under HC Lens

The Union government’s counter affidavit did not provide clarity on the committee’s term, prompting senior advocate Vivek Jain, appointed amicus curiae by the court, to raise the issue during the hearing of the PIL filed by the Damagundam Forest Protection Joint Action Committee (Save Damagundam).

The PIL seeks directions to the State government to withhold allotment of forest land to the Eastern Naval Command for the ELF Radar project. The High Court had earlier granted an interim stay on the project in 2020, which was modified in 2021 to allow work to continue, subject to the case’s final outcome.

While the project work continues, the implead petitioners have questioned compliance with compensatory afforestation requirements. The amicus curiae submitted that several concerns raised in the PIL remain unaddressed in the Union government’s affidavit. Citing Supreme Court rulings on the precautionary principle, he said it is the responsibility of the project proponent—in this case, the Union government—to prove that the project poses no environmental harm.

He also noted that research on low-frequency radiation remains limited and that earlier judicial orders had restricted the installation of radiating towers, such as mobile towers, near schools and hospitals owing to potential health risks. Jain further drew attention to the project’s likely impact on local flora, fauna, and medicinal plants, which are essential for ecological balance. He observed that though an expert committee was constituted to monitor these aspects, its tenure lapsed in 2021 and has not been renewed.

The court directed both governments to file additional affidavits addressing the issue and adjourned the case to November 13.