Central Information Commission
Dr. D. Dhaya Devadas vs Ministry Of Mines on 3 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/MINES/A/2024/643325
Dr. D. Dhaya Devadas ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Mines
Date of Hearing : 29.08.2025
Date of Decision : 29.08.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 18.04.2024
PIO replied on : 14.05.2024
First Appeal filed on : 14.06.2024
First Appellate Order on : 10.07.2024
2 Appeal/complaint received on
nd : 27.09.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 18.04.2024 seeking information on following points:-
1. 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 of Pollution) Act, 1974 and Air Prevention and Control of Pollution) Page 1 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. 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.O.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..."
The CPIO, Ministry of Mines vide letter dated 14.05.2024 replied as under:-
"2. ......it is to inform that the information/documents sought by you vide said RTI application is vague and not specific. You are therefore, requested to either state the particular documents you want to sought from the office of undersigned CIPO or to inspect the files physically on any working day during 20.05.2024 to 24.05.2024 between 9.00 A.M. to 5.30 P.M subject to prior intimation. The address is as follows:-
Ministry of Mines Mines-IV Section Room No. 304 D -
Wing Shastri Bhavan, New Delhi Intercom No. 244
3. No TA/DA or any other charges incidental to your visit will be paid by the Ministry.
[For inspection of records, no fee for the first hour; and a fee of rupees five for each subsequent hour (or fraction thereof) will be charged)."
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 stated as under:-
2. ".............it is stated that the undersigned agrees with the reply of the CPIO dated 14.05.2024. After going through the RTI application vide Registration No. MINES/R/E/24/00191 dated 23.04.2024 the information sought by you is vague and not specific, which does not attract the definition of information under RTI Act, 2005.
3. It seems that the information sought by you relates to grant of mineral concessions by the State Government of Tamil Nadu for the beach sand minerals located within its respective jurisdiction. Therefore, the details of grant of these mineral concessions may be obtained from the State Government concerned.
4. In view of the above, your appeal dated 14.06.2024 is hereby disposed off."
Page 3 Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Mr. B. John Solomom, Advocate- participated in the hearing.
Respondent: Mr. Rakesh Thapliyal, CPIO and Mr. Vinod Kumar, CPIO- participated in the hearing.
Mr. B. John Solomom, Advocate stated that the relevant information as sought in the instant RTI Application has not been furnished by the PIO within stipulated time frame.
The Respondent reiterated the averments made in their written submission and stated that the information sought by Appellant relates to grant of mineral concessions by the State Government of Tamil Nadu for the beach sand minerals located within its respective jurisdiction. Therefore, the details of grant of these mineral concessions may be obtained from the state government concerned. A written submission dated 12.08.2025 has been received from the Respondent and same has been taken on record for perusal. The relevant extract whereof is as under:
"..7.Submissions: The Ministry does not hold granular, district- wise, entity-wise, and year-
wise records for State-granted mining leases, environmental clearances, or factory licences. These are maintained by State authorities such as the Department of Geology & Mining, Tamil Nadu Pollution Control Board, and Atomic Energy Regulatory Board. The Ministry's role under the MMDR Act, 1957 is limited to policy, certain approvals under Section 5(1), and coordination; the administration and monitoring of leases for minerals within State boundaries are handled by the State Government...."
Decision:
Upon perusal of cases and submissions during hearing, it is observed that an appropriate response has been furnished by the PIO. Furthermore, the written submission furnished by the PIO is comprehensive and self- explanatory. In the given circumstances, since the response of the PIO is found appropriate and well within the precincts of the RTI Act, no further intervention is warranted in this case, under the RTI Act. The appeal is thus disposed off 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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