Central Information Commission
Dr. D. Dhaya Devadas vs Indian Bureau Of Mines on 8 September, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/IBOMN/A/2024/645034
Dr. D. Dhaya Devadas ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Indian Bureau of Mines
Date of Hearing : 02.09.2025
Date of Decision : 02.09.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 18.04.2024
PIO replied on : 15.05.2024
First Appeal filed on : 14.06.2024
First Appellate Order on : 10.07.2024
2ndAppeal/complaint received on : 09.10.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 18.04.2024 seeking information on following points:-
i. "Details of the District wise, mining lease entities wise, BSM mining leases wise, BSM minerals wise that the said 64 Nos. BSM mining leases that were granted in Tamil Nadu, after submission of Site Specific Environment Clearance as per Environment Protection Act issued by the MoEF and the Site Specific Consent to Establish and Operate that were issued under the Water (Prevention and Control of Pollution) Act, 1974 and Air Prevention and Control of Pollution) Act, 1981 issued by the Tamil Nadu Pollution Control Board, in which 61 Nos. were granted within the National Marine Biosphere of Gulf of Manor from 1990 onwards and 3 Nos. were granted within CRZ areas in Kanyakumari District from 2000 onwards, where all the above said 7 Nos. Atomic Minerals such as Garnet, Ilmenite, Rutile, Zircon, Sillimenite, Leucoxene & Monazite richly deposited. ii. Details of the District wise, mining lease entities wise, BSM mining leases wise, BSM minerals wise that the 64 Nos. BSM mining leases that were granted without submission of Site Specific Environment Clearance under Environment Protection Act issued by the MoEF and the Site Specific Consent to Establish and Operate that were issued under the Water (Prevention and Control Page 1 of Pollution) Act, 1974 and Air Prevention and Control of Pollution) Act, 1981 issued by the Tamil Nadu Pollution Control Board, in which 61 Nos. were granted within the National Marine Biosphere of Gulf of Manor 1990 onwards and 3 Nos. within CRZ areas in Kanyakumari District from 2000 onwards, where all the above said 7 Nos. Atomic Minerals richly deposited. iii. Details of the name/names of Atomic Minerals out of said 7 Nos. Atomic Minerals for which the District wise, mining lease entities wise, BSM mining leases wise Site Specific Environment Clearance that were issued by the MoEF and the minerals wise Site Specific Consent to Establish and Operate that were issued under the Water (Prevention and Control of Pollution) Act, 1974 and Air Prevention and Control of Pollution) Act, 1981 by the Tamil Nadu Pollution Control Board covering the 64 Nos. BSM mining leases from 1990 onwards.
iv. Details of the District wise, entities wise, Atomic Minerals wise out of said 7 Nos. Atomic Minerals 49 Nos. manufacturing Factories were commenced their operation to manufacture the Atomic Minerals, after obtaining Site Specific Environment Clearance as per Para 2.(b)of EIA Notification 1994 from the MoEF and the Site Specific Consent to Establish and Operate that were issued under Water (Prevention and Control of Pollution) Act, 1974 and Air Prevention and Control of Pollution) Act, 1981, issued by the Tamil Nadu Pollution Control Board covering said 49 Nos. very huge capacity factories within the National Marine Biosphere of Gulf of Manor 1990 onwards.
V. Details of the District wise, entities wise, Atomic Minerals wise out of said 7 Nos. Atomic Minerals wise 49 Nos. manufacturing Factories that were commenced their operation to manufacture the Atomic Minerals out of said 7 Nos. Atomic Minerals, without obtaining statutorily prescribed Site Specific Environment Clearance as per Para 2.(b) of EIA Notification 1994 from the MoEF and the Site Specific Consent to Establish and Operate that were issued under Water (Prevention and Control of Pollution) Act, 1974 and Air Prevention and Control of Pollution) Act, 1981, issued by the Tamil Nadu Pollution Control Board covering said 49 Nos. very huge capacity factories within the National Marine Biosphere of Gulf of Manor 1990 onwards.
vi. Details of name/names of Atomic Minerals out of said 7 Nos. Atomic Minerals for which the District wise, entities wise, BSM factories wise Site Specific Environment Clearance were issued by the MoEF and the Site Specific Consent to Establish and Operate that were issued under the Water (Prevention and Control of Pollution) Act, 1974 and Air Prevention and Control of Pollution) Act, 1981 by the Tamil Nadu Pollution Control Board covering the 64 Nos. BSM mining leases from 1990 onwards. vii. Details of 49 Nos. Atomic Minerals manufacturing factories wise Atomic Energy Regulatory Board license issued for operating the said 49 Nos. factories under sections 16 and 17 of the Atomic Energy Act, 1962 read in conjunction with Rule 3 of the Atomic Energy (Radiation Protection) Rules, 2004 and the Atomic Energy Regulatory Board (AERB) notification S.0.1210 dated 24.04.2009 covering the Beach Sand Minerals (BSM) processing facilities.
Page 2 viii. Details of total District wise, entities wise, mining lease wise, year wise, non-included minerals such as Ilmenite, Rutile, Ziron, Sillumenite, Leucoxene and Monazite wise unlawfully mined said 6 minerals covering the 25 Nos. BSM Garnet mining leases unlawfully granted in Tamil Nadu from 1990 onwards. ix. Details of total District wise, entities wise, mining lease wise, year wise, non-included minerals such as Ziron, Sillumenite, Leucoxene and Monazite wise unlawfully mined said 4 minerals covering the 39 Nos. BSM Garnet, Ilmenite, Rutile mining leases unlawfully granted in Tamil Nadu from 06.10.1998 onwards. X. Details of the Garnet mining leases that were transferred to M/s. V.V. Minerals and their Associates from the various original Garnet lessees in Tamil Nadu from 1990 without prior approval from the Ministry of Mines and also execution of the transfer lease deed in Form-O as per Rule 37 of MCR, 1960 in compliance of the Supreme Court orders.
xi. Details of the unlawfully granted BSM Garnet mining leases and inland Garnet mining leases in the Government poramboke land without collecting the compensation amount under Rule 72 of MCR, 1960 from the introduction of said rule on 17.01.2000 in Tamil Nadu.
xii. Details of the actions that were taken by your department to recover the cost of the illegally mined and sold 7 Nos. Atomic minerals without any valid mining leases and manufacturing factories, that too within the Eco-sensitive National Marine Biosphere of Gulf of Manor from 1990 onwards in compliance of the relevant Act, Rules, High court and Supreme court orders as per our Constitution in connivance with the State and Central Government Department officials in spite of our repeated complaints.
xiii. Details of the actions that were taken by your department to recover environmental damages that were caused by M/s. V.V. Minerals and their Associates with the active connivance of concerned central and state government department officials, on account of illegal mechanized mining that too, within the most eco- sensitive areas of over 10,000 Hects. of Non-leased areas that too, within National Marine Biosphere of Gulf of Manor and CRZ areas from 1990 onwards in compliance of the relevant Act, Rules, High court and Supreme court orders as per our Constitution in connivance with the State and Central Government Department officials in spite of our repeated complaints."
The CPIO, Indian Bureau of Mines vide letter dated 15.05.2024 replied as under:-
1) "No such information is available in this office.
2) No such information is available in this office.
3) No such information is available in this office.
4) No such information is available in this office.
5) No such information is available in this office.
6) No such information is available in this office.
7) No such information is available in this office.
8) No such information is available in this office.
Page 3
9) No such information is available in this office.
10) No such information is available in this office.
11) No such information is available in this office.
12) No such information is available in this office.
13) No such information is available in this office."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.06.2024. The FAA vide order dated 10.07.2024 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Mr. B. John Solomon, Advocate- participated in the hearing through video-conferencing.
Respondent: Mr. G. Kannan, Sr. Mining Geologist, Indian Bureau of Mines, Chennai- participated in the hearing.
Mr. B. John Solomon, advocate stated that the relevant information has not been furnished by the PIO till date.
The Respondent reiterated the contents of their reply and stated that the information sought by the Appellant is not available in their official records. Decision:
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Commission notes that 'information' as defined in the section 2(f) of the Act, only refers to such material as is already available in the records of the public authority. Furthermore, the RTI Act, 2005 does not cast an obligation upon the public authority, to create or collate such non-available information and then furnish it to an applicant. Hence, no further intervention of the Commission is required in the instant matter. The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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