Central Information Commission
Dr. D Dhaya Devadas vs Department Of Atomic Energy on 27 September, 2011
CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai, New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC/SM/A/2011/000797/SG/14879
Appeal No. CIC/SM/A/2011/000797/SG
Relevant Facts emerging from the Appeal:
Appellant : Dr. D. Dhaya Devdas,
President,
Federation of Indian Placer Minerals Industries,
1A, Prasad Street,
Seethaparthy Nagar,
Velachery, Chennai- 600042
Respondent : Mr. R. K. Purohit
PIO & Scientific Officer (H) Planning and Management Services Group, Department of Atomic Energy, Atomic Minerals Directorate for Exploration and Research, 1-10-153-156, Begumpet, Hyderabad- 500016 RTI application filed on : 23/11/2010 PIO replied : 23/12/2010 First Appeal filed on : 14/01/2011 Order of First Appellate Authority : Not mentioned.
Second Appeal received on : 28/11/2011 Information Sought:
1) G.O.No 122 dated 10.05.1995 -unsurveyed coastal porampokku area - 9.00.0 Hect.
1. Photocopy copy of the documentary evidences to prove that 29,820 MT of Ilmenite and 3,010 MT of Rutile were available as insitu reserve at the time of approving the mining plan covering an mining lease area covered under active mining from 22.6.1995.
2. Photocopy copy of the documentary evidences to prove that 98,700 MT of ilmenite and 8,802 MT of Rutite are replenishable per annum that were available, as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that there will be yearly replenishment of Ilmenite and Rutile reserves are 3 times more than the insitu reserves.
4. Photocopy copy of the justification for approving the mining plan with annual production of 38383 MT Ilmenite and 3,198 MT Rutile.
5. Photocopy copy of the documentary evidences to show thai M/s. V.V. Minerals have handed over the Failings about 42,500 MT per year during the period between 10.5.95 to 3 1.3 .2004.
2) G.O.No 185 dated 19.07.1994 unsurveyed coastal porampokku area36.42.0 fleet.
L Photocopy copy of the documentary evidences to prove that 2,54,370 MT of Ilmenite and 21,197 MT of Rutile were available as insitu reserve at the time of approving the mining pian after 20 years mining of that area under the mining lease granted under G.O.Ms.No.700 dated15.5.1974.
2. Photocopy copy of the documentary evidences to show that 2,72,376 MT of Ilmenite and 22,698 MT of Rutile are replenishable per annum as per the approved mining plan.
Page 1 of 63. Photocopy copy of the documentary evidences to prove that yearly replenishable reserves of Ilmenite End Rutile are more than the insitu reserves.
4. Photocopy copy of the justification for approving the mining plan with annual production of 30,000 MT limenite and 2,500 MT Rutile.
5. Photocopy copy of the documentary evidences to show that Mis. VS. Minerals have handed over the Tailings about 2, 95,000 MT per year during the period between 1.4.1990 to 31.3 .2004.
6. Photocopy copy of the documentary evidences to prove that the yearly production of Ilmenite and Rutild are shown as 30,000 and 2,500 MT covering an area of 36.42.0 Hect much lower than the above said replenishable mining lease covering an area of 9.00.0 Fleet.
3) G.O.No 114 dated 05.05.1995 - unsurveyed coastal porampokku area2.49.OHect Photocopy copy of the documentary evidences to show that 17,928 MT of Ilmenite and 1,494 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 18,000 MT of ilmenite and 1,500 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away front the Low Tide Line and High Tide Line.
4. Photocopy copy of the documentary evidences to prove that there will be any possibilities of replenishment of heavy minerals away from the High Tide Line that too crossing the above said mining lease area mentioned in item No.2.
5. Photocopy copy of the justification for approving the mining plan with annual production of2lóO MT Jlmenite and 180 MT Rutile that covering an mining lease area covered under active mining from 07.06.1995.
6. Photocopy copy of the documentary evidences to show that M/s. V.V. Minerals have handed over the Tailings about 19,500 MT per year during the period between 07.06.95 to 3 1.3.2004 in compliance of the mining lease condition.
4) G.O.No 584 dated 05.06.1990 - SF No 209/7A-0.83.0 hects Photocopy copy of the documentary evidences to show that 3,685 MT of lhnenite and 307 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 5,550 MT of ilmenite and 450 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the documentary evidences to prove that there will be any possibilities of replenishment of heavy minerals away from the High Tide Line that too crossing the above said mining lease area mentioned in item No.2.
5. Photocopy copy of the justification for approving the mining pian with annual production of 1797 MT Ilmenite and 150 MT Rutile covering an mining lease area covered under active mining for 30 years.
6. Photocopy copy of the documentary evidences to show that M/s. V.V. Minerals have handed over the Tailings about 1 800MT per year during the period between 05.06.90 to 31.3.2004 in compliance of the mining lease condition.
7. Photocopy copy of the justification for approving the mining plan covering a mining lease after expiry of the mining lease.
5) G.O.No 115 dated 05.05.1995 - SF No 20, 209/lA etc -7.86.5 hects
1. Photocopy copy of the documentary evidences to show that 31,536 MT of Ilmenite and 2,628 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 47,304 MT of Ilmenite and 3,942 MT of Rutile are replenishable per annum as per the approved mining plan.
Page 2 of 63. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the documentary evidences to prove that there will be any possibilities of replenishment of heavy minerals away from the High Tide Line that too crossing the above said mining iease area mentioned in item No.2.
5. Photocopy copy of the justification for approving the mining plan with annual production of 8,882 MT Ilmenite and 740 MT Ruti!e.
6. Photocopy copy of the documentary evidences to show that M/s. V.V. Minerals have handed over the Tailings about 9SOOMT per year during the period between 0606.95 to 31.3.2004 in compliance of the mining lease condition.
6) G.O.No 4639 dated 06.09.2000 - SF No 197/1C,1D -4.98.0 hects
1. Photocopy copy of the documentary evidences to show that 31,540 MT of Ilmenite and 2,334 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 1,500 MT of Ilmenite and 1,000 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 1,097 MT limenite and 78 MT Rutile.
7) G.O.No 7885 dated 09.03.2001 -SF No 196 -4.51.0 hects
1. Photocopy copy of the documentary evidences to show that 34,537 MT of Itmenite and 2,483 MT of Rutile were available as insitu reserve at the time of approving the mining plan. 2, Photocopy copy of the documentary evidences to show that 1,500 MT of Ilmenite and 1,000 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 990 MT Ilmenite and 83 MT Rutile.
8) G.O.No 4638 dated 09.03.2001 -- SF No 362/2B, 3631W- 3.38.0 hects
1. Photocopy copy of the documentary evidences to show that 36,210 MT of Ilmenite and 1,872 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 1,500 MT of ilmenite and 1,000 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 951 MT Ilmenite and 59 MT Rutile.
9) G.O.No 4640 dated 09.03.2001- SF No 195/3-4.48.0 hects
1. Photocopy copy of the documentary evidences to show that 31,078 MT of Ilinenite and 2,193 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 1,500 MT of Ilmenite and 1,000 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 1,159 MT Ilmenite and 72 MT Rutile.
10) G.O.No. 6389 dated 05.06.2002 -- SF No 240/1OA, lOft, 10B28, 10B3, 240/6 -2.29.0 Page 3 of 6 hects
1. Photocopy copy of the documentary evidences to show that 13,504 MT of Ilmenite and 1,125 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 13,500 MT of Ilmenite and 1,125 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 2,392 MT Ilnienite and 199 MT Rutile.
11) G.O.No 6391 dated 05.66,2002 -- SF No 239/4, 4, 5, 6 240/14, SA, 7-9 - 2.47.0 hects I. Photocopy copy of the documentary evidences to show that 15,504 MT of Ilimenite and 1,292 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 15,450 MT of Ilmenite and 1,350 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 3,182 MT Ilmenite and 265 MT Rutile.
12) G.O.No 6392 dated 05.06.2002 -- SF No 545 (west) -5.00.0 hects
1. Photocopy copy of the documentary evidences to show that 26,239 MT of Ilmenite and 2,190 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 26,250 MT of ilmenite and 2,250 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 4,519 MT Ilmenite and 376 MT Rutile.
13) G.O. No 4200 dated 21.01.2004 - SF No 1081/1, 2 etc-3.08.5 hects I. Photocopy copy of the documentary evidences to show that 75,891 MT of Ilmenite and 1,851 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 49,458 MT of Ilmenite and 1,206 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 25,200 MT llmenite and 600 MT Rutile.
14) G.O.No 4198 dated 21.01,2004 -- SF No 1092/1 -2.22.5 hects I. Photocopy copy of the documentary evidences to show that 56,070 MT of Ilmenite and 1,335 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 37,183 MT of Ilmenite and 885 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line arid High Tide Line,
4. Photocopy copy of the justification for approving the mining plan with asmual production of 18,200 MT Ilmenite and 430 MT Rutile.
15) G.O.No 17351 dated 21.01.2004 -- SF No171/11, 172/4. 172/B, 218/8, 214/11, 207/68, Page 4 of 6 242/10, 244/7, 219/16, 219/7 and 207/10 -3.07.9 hects
1. Photocopy copy of the documentary evidences to show that 77,591 MT of Ilmenite and 1,847 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 56,561 MT of Ilmenite and 1,347 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 24,948 MT Ilmenite and 594 MT Rutile,
16) G.O.No 6388 dated 10.03.2004 - SF No 115/38, C, IL 5, 6A etc -3.63.0 hects I. Photocopy copy of the documentary evidences to show that 4, 47,357 MT of Ilmenite are available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the justification for approving the mining plan with annual production of 16,000 MT Ilmenite.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 16,000 MT Ilmenite.
17) G.O.No 1507 dated 17.03.2004 - 476/3A1, 142 etc - 4.09.5 hects I. Photocopy copy of the documentary evidences to show that 61,425 MT of Ilmenite and 2,457 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 46,500 MT of Ilmenite and 1,800 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 10,500 MT Ilmenite and 420 MT Rutile.
18) G.O.No 6393 dated 17.03.2004 - SF No 545 (Eastern part) - 5.00.0 hects I. Photocopy copy of the documentary evidences to show that 36,000 MT of Ilmenite and 3,000 MT of Rutile were available as insitu reserve at the time of approving the mining plan.
2. Photocopy copy of the documentary evidences to show that 27,000 MT of Ilmenite and 2,250 MT of Rutile are replenishable per annum as per the approved mining plan.
3. Photocopy copy of the documentary evidences to prove that the heavy minerals will be deposited away from the Low Tide Line and High Tide Line.
4. Photocopy copy of the justification for approving the mining plan with annual production of 5,760 MT Ilmenite and 472 MT Rutile.
PIO's Reply:
The PIO replied to the 2 application of the Appellant dated 29/10/2010 and 23/11/2010 the following:
1. The voluminous letters referred at SI. No.1 (34 pages) and 2 (20 pages), are addressed to two different PIOs and same information has been sought.
2. 2. As per CIC's decision in respect of the appeal filed by-Federation of Indian Placer Mineral Industries (FIPMI) (F No.CIC/SM/A/2010/000114, 115 & 119 dated 16,7.2010 ), copies of relevant portions of the 18 mining plans of M/s V.V. Minerals, have already been provided to PPMI on payment basis.
3. 3. Reference may please be made to the Honorable Chief Information Commissioner's decision, in file No. C1C/AT/A/2006/00494 dated 4.4.2007 in the case pertaining to M/s Indian Garnet Sand Company Pvt. Ltd. as Appellant and M/s IBM as Respondent has clearly brought Page 5 of 6 out in its decision that the Right to information Act -- 2005 confers the right to claim information from a Public Authority only on an Indian Citizen and not on Corporation or a Company, or any other body. In view of this, it will not be possible for us to provide any information to FIPMI, in future.
4. The resource figures of individual heavy minerals mentioned in the mining plan documents can be denied under Section 8 (1) (d), as per the decision of Honorable Chief Information Commissioner on the appeal flied by FIPMI - F. No.. CIC/AT/A/2006/00443- dated 12.102006.
5. Not legible Grounds for First Appeal:
The Appellant seeks information from the PIO except for serial No. 5 at and Sr. No. 6. Order of the First Appellate Authority:
No Order Grounds for Second Appeal:
The Appellant seeks complete information from the PIO.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Mr. R. K. Purohit, PIO & Scientific Officer (H) on video conference from NIC-
Hyderabad Studio;
The PIO states that based on the Commission's decision in CIC/SM/A/2010/000114, 000115 & 000119 of 16/07/2010 information regarding mining plan has been provided and the rest of the information has been denied.
Decision:
The Appeal is disposed.
The information which could be provided as per the earlier decision of the Commission has been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 27 September 2011 (In any correspondence on this decision, mention the complete decision number.)(GS) Page 6 of 6