Central Information Commission
D Dhaya Devadas vs Ministry Of Environment & Forests on 16 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: Total 4 cases:
(1) CIC/MOENF/A/2024/635017
(2) CIC/MOENF/A/2024/637608
(3) CIC/MOENF/A/2024/639134
(4) CIC/MOENF/A/2024/643190
D Dhaya Devadas .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Ministry of Environment & Forests & Climate Change,
IA Division, Indira Paryavaran
Bhawan, 3rd Floor, Vayu Wing,
Jorbagh Road, New Delhi - 110003 .... ितवादीगण /Respondent
Date of Hearing : 08.09.2025
Date of Decision : 16.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned Second Appeals are clubbed together as the parties
are common, and subject-matter is similar in nature and hence, they are
disposed of through a common order.
(1) CIC/MOENF/A/2024/635017
Relevant facts emerging from appeal:
RTI application filed on : 04.01.2024
CPIO replied on : 05.02.2024
First appeal filed on : 04.05.2024
First Appellate Authority's order : 13.05.2024
Page 1 of 54
Compliance of FAA order : Not on record
2nd Appeal/Complaint dated : 13.08.2024
Information sought:
1. The Appellant filed an RTI application dated 04.01.2024 (offline) seeking the following information:
"Sub: Request to kindly furnish certain vital information under RTI Act, 2005 related to the Special Team, headed by the then Chairman and Managing Director of Tamil Nadu Industrial Investment Corporation Ltd, Mr. Sathyabratta Sahoo, IAS, appointed by the Govt. of Tamil Nadu vide the G.O. Ms. No. 41 dated 07.04.2017, based on High Court order dated 11.01.2017 in the pending Suo-Mottu PIL in W.P. No. 1592/2015 to quantify the unlawfully stored 7 Nos. Atomic Mineral Stocks in the premises of M/s. V.V. Mineral and their Associates and the said Special Team has submitted their report dated 18.04.2018 to the Hon'ble High Court on 24.04.2018 confirmed that the totally unlawfully stored 1.5 Crores MTs of Run of Mines, Semi-processed and Processed 7 Nos. of Atomic Minerals with rich Monazite, without any valid mining leases and manufactories by the said mafia groups, in connivance with concerned Central and State Government Department Officials - Reg., Ref: 1. The High Court Order dated 12.12.2013 in PIL Nos. W.P.(MD) No. 5549/2007 and 1233/2012 filed by our Federation and also undersigned seeking CBI enquiry covering the violations committed by M/s. V.V. Minerals and their Associates.
2. The Govt. of Tamil Nadu constituted 2 Nos. Special Teams headed by the then Revenue Secretary Mr. Gagandeep Singh Bedi, I.A.S., vide G.O.Ms. No. 156 dated 08.08.2013 and 17.09.2013 based on the High Court Common Order dated 12.12.2013 in W.P. (MD) Nos. 5549/2007 & 1233/2012 to conduct inspection and enquiry based on the violations stated in the said 2 Nos. PILs filed by our Federation and the undersigned.
3. The said Special Teams have submitted report dated 17.09.2013 and 19.06.2017 to the Govt. of Tamil Nadu confirming that the entire violation stated in our Federation complaints and the affidavits filed in the said 2 PILs are true.
4. We submit that the PIL filed by our Federation member Prof. Dr. G. Victor Rajamanickam in W.P. No. 1592/2015 seeking SIT enquiry covering the unlawful mining of 7 Nos. Atomic Minerals in a big way after submission of the said 2 reports.
Page 2 of 545. The Govt. of Tamil Nadu issued G.O. Ms. No. 179 dated 27.07.2015 forming the Taluk Level Committee, District Level Committee and State Level Appellate Forum to curb the illegal mining based on the High Court Order on the pending Suo-Mottu PIL.
6. The G.O.Ms. No. 41 dated 07.04.2017 to quantify the unlawfully stored Atomic Mineral stocks in the premises of M/s. V.V. Minerals and their Associates as per the High Court order in Suo-Mottu PIL.
7. The said Special Team Head Mr. Sathyabratta Sahoo, I.A.S., has submitted their report dated 18.04.2018 to the Hon'ble High Court on 24. 04.2018 confirming the total stocks of 1.5 Crores MTs of Run-of-Mines, processed and semi-processed Atomic Minerals containing 7 Nos. Atomic Minerals including the Monazite by M/s. V.V. Minerals and their Associates in the pending Suo-Mottu PIL..
8. We submit that M/s. Indian Bureau of Mines has filed Counter on February, 2022 for themselves the 4th Respondent and the Ministry of Mines the 1st Respondent admitting that the entire violations stated in our complaints and Affidavits are true.
9. The Department of Atomic Energy filed Counter in the pending Suo- Mottu PIL in W.P. No. 1592/2015, stating that the entire violations stated in our said complaints and affidavits are true.
1.1. With reference to the above, we enclose herewith a copy of relevant page No. 32 of the Special Team Head Mr. Sathyabratta Sahoo, IAS.,, Report dated 18.04.2018 for your ready reference and we extract below the relevant portion of M/s. V.V. Minerals and their 9 Nos. Associates unlawfully stored 7 Nos. Atomic Minerals Stocks for your reference.
Sl.No. Lessee/Plant owners Declared Qty estimated
Minerals Qty by the second
level teams
1 M/s. Transworld Garnet India 17,75,761 16,30,724.5
Pvt. Ltd
2 M/s. Indian Ocean Garnet 2,52,366 45,107
Sands Co (P) Ltd.
3 M/s. Indian Ocean Garnet 12,10,325 3,74,941.803
Sands Co (P) Ltd.
4 M/s. Miracle Sands and 1,576 1,423
Chemicals
5 M/s. Miracle Sands and 4,430 2,750
Metals
6 M/s. V.V. Minerals 42,11,032.85 38,77,391.005
7 M/s. Industrial Mineral India 66,530 64,494
(P) Ltd
Page 3 of 54
8 M/s. Industrial Mineral 4,42,080 25,58,169.93
Company
9 M/s. Beach Mineral Company 9,441 64,40,028.93
India Ltd
10 M/s. Bala Murugan Company 2,168 1,193
Grand Total 79,75,709.85 1,49,96,223.168
1.2. We submit that you are fully aware that the Indian Bureau of Mines, the Ministry of Mines, the Department of Atomic Energy, the Ministry of Environment and Forest and the State Government have unlawfully allowed to mine and manufacture of the 7 Nos. Atomic Minerals including Monazite and other 6 Nos. minerals of Garnet, Ilmenite, Rutile, Zircon, Sillimanite and Leucoxene without any valid mining leases and manufacturing factories from 1990 in total violation of law that too, in spite of our repeated complaints and filing our 3 Nos. PILs and also particularly in total violation of Atomic Energy Act and National Investigation Agency Act and other 19 Central Acts and its Rules and the Supreme Court Order and our Constitution.
1.3. We submit that the concerned said actually involved illegal mining entities of M/s. V.V. Minerals and their Associates and the concerned 18 Nos. Central and State Government Department Officials, who are actually involved in unlawful allowing mining and manufacture said minerals shall be liable prosecution for unlawfully allowing Rs. 2 Lakhs Crores worth of 7 Nos. Atomic Minerals including the unlawful storage of 1.5 Crores. of Run of Mines, processed and semi-processed minerals with rich Monazite.
2.1 We also submit below the details of 64 Nos. Beach Sand Minerals mining leases unlawfully granted 7 Nos. lessees for your ready reference.
No. Lessee Name Garnet Non- Garnet, Non-
ML included Ilmenite included
minerals 6 and Rutile minerals 4
Nos MLs Nos
1 V.V. Minerals 4 Nos Ilmenite 30 Nos Zircon.
2 Beach Sand Co. 1 Rutile, 9 Silliminite,
Mineral Zircon. Leucoxene
3 Industrial Mineral NIL Silliminite, 1 and
India (P) Ltd Leucoxene Monazite
4 Transworld 16 and Nil Nil
Garnet India (P) Monazite
Ltd
Page 4 of 54
5 Indian Garnet 1 Nil Nil
Sand Co. (P) Ltd
6 Mr. M. Ramesh 1 Nil Nil
7 K. Thangaraj 1 Nil Nil
Total 25 39
2.2. We also submit below the details of the Govt. of Tamil Nadu Lessees wise, minerals wise, Mining Leases granted within National Marine Biosphere of Gulf of Manor and Coastal Regulation Zones Areas covering 64 Nos. Beach Sand Minerals mining leases without complying the all said statutory preconditions and also without collecting the compensation Amount as per Rule 72 of MCR 1960 covering 8 Mining Leases in violation of Rule 37 of MCR 1960 and unlawfully allowed to mine all the said 7 Nos. Atomic Minerals in total violations of law for your ready reference.
No. Lessee Name Mining Lease Mining Leases
unlawfully unlawfully
granted granted within
CRZ Areas
1 V.V. Minerals 34 Nos 3 Nos. to M/s V
2 Beach Mineral Sand Co. 10 V Minerals
3 Industrial Mineral India (P) 1
Ltd
4 Transworld Garnet India (P) 16
Ltd
5 Indian Garnet Sand Co. (P) 1
Ltd
6 Mr. M. Ramesh 1
7 K. Thangaraj 1
Total 64
2.3. We furnish below the unlawfully issued Environment Clearance covering 63 Nos. mining projects in 5Nos. Environment Clearances to M/s. V.V. Minerals and 1No. Mr. K. Thangaraj for your ready reference:
No Project Environment Nos of mining projects District Proponent Clearance No. Covered Extent in the E.C. 1 M/s V V F.No.10[6]/2004- 23 276.65.78 Tirunelveli Minerals 1A.III dt10.03.2005 2 F.No.-17011/44/98- 8 Only S.No. Kanyakumari 1A.III dt 12.11.2003 Mentioned Page 5 of 54 3 F.No. 11-56/2005- 21 371.16.0 Thoothukudi 1A.III dt 03.04.2006 4 F.No. 11-17/2006- 6 15.48.0 Tirunelveli 1A.III dt 15.04.2006 5 F.No.J-11-57/2005- 5 23.83.6 Kanyakumari 1A-(M) dated 21.03.2006 6 Mr. K F.No.11-68/2011- 1 1.90.5 Tirunelveli Thangaraj IA-III dated 16.07.2012
2. We submit that the Supreme Court of India has passed on Order in I.A. Nos. 12-13 of 2011 in Special Leave Petition (c) No. 19628-19628 of 2009 dated 27.02.2012 confirming that leases of minor mineral including their renewal for an area of less than five hectares be granted by the States/Union Territories only after getting environmental clearance from the MoEF and we extract below the relevant Para Nos. 17, 18 & 19 of the said Judgement dated 27.02.2012 for your kind perusal.
"17. The State of Haryana and various other State have not so far implemented the above recommendations of the MoEF of the guidelines issued by the Ministry of Mines before issuing auction notices granting short term permits by way of auction of minor mineral boulders, gravel, sand etc. in the river beds and elsewhere of less than 5 hectares. We therefore, direct to all the States, Union Territories, MoEF and the Ministry of Mines to give effect to the recommendations made by MoEF in its report of March 2010 and the model guidelines framed by the Ministry of Mines, within a period of six months from today and submit their compliance reports.
18. Central Government also should take step to bring into force the Minor Minerals Conservation and Development Rules 2010 at the earliest. State Governments and-UTs also should take immediate steps to frame necessary rules under Section 15 of the Mines and Mines (Development and Regulation) Act, 1957 taking into consideration the recommendations of MoEF in its Report of March 2010 and model guidelines framed by the Ministry of Mines, Govt. of India. Communicate the copy of this order to the MoEF, Secretary, Ministry of Mines, New Delhi, Ministry of Water Resources, Central Government Water Authority, the Chief Secretaries of the respective States and Union Territories, who would circulate this order to the concerned Departments.Page 6 of 54
19. We, in the meanwhile, order that leases of minor mineral including their renewal for an area of less than five hectares be granted by the States/Union Territories only after getting environmental clearance from the MoEF."
4.1. We submit that the Tamil Nadu Information Commission has given direction to the 5 Nos. Public. Information Officers and District Geology and Mining Officials of the Thoothukudi, Thirunelvely, Kanyakumari, Madurai and Thiruchirapalli vide their Order No.SA.754/Enquiry/C/2016 dated 03.12.2019 to furnish the required 9Nos. vital information called under our RTI Application dated 06.10.2015 to us within 30 days, on compliance of vital statutory preconditions of Environment Clearance under Environment Protection Act, consent to establish and operate under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, etc. covering the existing 77Nos. Mining Leases in Tamil Nadu.
4.2. We furnish below the undisputable and undeniable information furnished by the said 5 Nos. Public Information Officers with their letter Nos. and dates confirming vital shocking facts that M/s. V.V. Minerals and their Associates have illegally operated their 68 Nos. Garnet and Garnet, Ilmenite and Rutile mining leases in Tamil Nadu in total violations of law, without complying the said vital 3 Nos. statutory preconditions for your ready reference.
No District Roc letter No & Total Prior EC Prior consent to
Date Nos establish and operate
of Submitted Not Submitted Not
MLs submitted submitted
1 Thoothukudi G.M1/736/2019 5 NIL 5 Nil 5
dated 30.12.2019
2 Tirunelveli M2/14165/2019 52 NIL 52 Nil 52
dated 31.01.2020
3 Kanniyakumari Na.Ka.No.RTI- 6 NIL 6 4 2
19/G&M/2016 dt
03.02.2020
4 Madurai 1200/2018-Mines 2 Nil 2 Nil 2
dated 20.12.2019
5 Tiruchirappalli RTI-60/829/Mines 3 NIL 3 Nil 3
dated 31.12.2019
Total 68 68 4 64
5.1. We submit that in the National Company Law Tribunal Division Bench- 11. Chennai has passed order in IA/1036/2022 in CP/257/2020 Page 7 of 54 dated 20.06.2022 (filed under Section 241 and 242 of the Companies Act, 2013) related to M/s. Transworld Garnet India (P) Ltd based on the petition filed, by one of the Director of said company and his 5 family members of Mr. S. Jegathesan against another Director of said company Mr. S. Vaikundajan and his 5 family members, which are self explanatory.
5.2. We extract below the relevant portion of the Order under Para 12 (E & F) for your ready reference.
"E An Independent Auditor, Mr. Mudappalur Varieth Gangadhran (FCA IPID) (Membership No. 0084595) is appointed to investigate into the various transactions of R1 and its customers with M/s Arimą Mineral and Metals Pvt. Ltd., and to determine the quantum of business and amounts diverted from the 1 Respondent Company to M/s. Arima Minerals and Metals Pvt. Ltd. For the said purpose, the petitioners and respondents shall cooperate with the independent Auditor and furnish all relevant records as sought for by the independent auditor. The auditor shall furnish his report to all parties within 6 weeks from receipt of this order. The amount so determined by the auditor shall be liable to be paid jointly by R2 to 87 in favor of R1 within 4 weeks from receipt of the report of the Auditor. The fee of the Auditor is fixed at Rs 4,00,000/-(Rupees Four Lakh only) and the cost is required to be borne equally by the petitioners and respondents:
F. We direct the Regional Director, Southern Zone, MCA, to take cognizance of and investigate the cross-border transactions involving R1, the intermediary owned by the R2 to R7 Transworld General Trading FZC, and foreign customer to ascertain the extent of fraud committed by R2 to R7 and forward the details to the Serious Fraud Investigation Office for further investigation and appropriate action against R2 to R7 by proceeding accordance with law,
6.1. We submit below the following vital facts for your kind perusal that the question of submission of the Environment Clearance will arise only after state government decision to issue precise area for the mining lease based on the Government of India's approval based on the Mining Lease Applications wise which may please be noted.
Page 8 of 546.2. We extract below the Para Nos. 2.3.4 & 5 of the also MoEF given clarification to the Beach Mineral Producers Association vide their letter No.Z-12011/41/2000-1A.III dated 24.01.2003:
"2. In the amendment to the Coastal Regulation Zone, Notification, dated 21.5.2002, the Ministry had only rationalized the Notification by listing mining of rare minerals under permissible activities 3 (iii a), whereas earlier it was indicated as an exempted activity under the sub heading "prohibited activity" (2(ix)). Hence, all rare earth mining projects in Coastal Regulation Zone area would require environmental clearance under Costal Regulation Zone notification irrespective of the date of commencement of project operations.
3. The project proponents shall submit to Ministry of Environment & Forests necessary documents, including approved Coastal Zone Management Plan of the area indicating High Tide Line demarcated by one of the seven authorized agencies as well as the clearance from the concerned State Coastal Zone Management Authority.
4. Mining projects pertaining to mining of rare earths in Coastal Regulation Zone area are required to obtain clearance under Coastal Regulation Zone Notification, 1991. If such mining leases are greater than 5 Ha of land and situated fully or partially in Coastal Regulation Zone, clearance under Environmental Impact Assessment Notification will also be required. For mining projects filing in forest areas, clearances from forest angle is also needed.
5. The Coastal Regulation Zone clearance for mining projects falling in Coastal Regulation Zone areas are site specific. Application shall be made by the project proponent for the particular site proposed for undertaking mining activity"
7. We submit that the Ministry of Environment and Forests has issued Notifications contrary to the Acts to favour the illegal mining companies to cover up their omissions and commissions.
8. We submit that the MoEF filed Counters to High Court giving incorrect information about the Environment Protection Act vide their Notification dated 21.05.2002, as if the Environment Clearance is required for BSM mining leases before the said Notification in total violation of law for the best reasons known to them.
Page 9 of 549.1. We submit that we are a member of CAPEXIL. Mr. S. Vaikundrajan is also a member of CAPEXIL.. A meeting of the Processed Mineral including Upgraded Ilmenite Ore Panel was held at Hotel Savera, Chennai on 12- 11-2010. The meeting was presided over by Mr. R.N. Patra, the Chairman and Managing Director of Indian Rare Earths Ltd. The Joint Director, CAPEXIL is one Mr. Suresh Babu. The Joint Director, CAPEXIL acted as a facilitator in the meeting:
9.2. We submit that one of the subjects of discussion was Environment Clearance for Beach Sand Mining from the Ministry of Environment and Forests. While speaking on the subject Mr. S. Vaikundarajan spoke thus:
"Sir, 7 years back when I came to CAPEXIL, ໑ detail memorandum ெகா#த்& CAPEXIL இ(ந்& Ministry of Commerce-க்* recommend பண்ணி.(ந்தாங் க. அதாவ& Environment Protection Act ப2 Mines-க்* Power- delicate . Chief Controller of Mines, Director General of Mines, அவங் க3க்* Mining Plan- Approved Mining Plan- competent authority-नां approve Regional Controller of Mines, Chief Controller of Mines எல் லாேம approve பண்றாங் க: அேத authority approved பண்ற Mining Plan-Environment Clearance ேபாேறாம் . Environment Clearance-कंक ΕΙΑ, EMP தயார் பண்ண;ங் கறாங் க. ஒ( 1 வ(டத்&க்*ன் ;ட்#. அேத EIA, EMP இ(ந்தாதான் Mining Plan-b approval duplication ល Beach Mineral- ல ெபா(த்த அள@ல, the Placer Mineral-ல ெபா(த்த அள@ல இ& Mining-ேக Aைடயா&. Government நம் ம Aட்ட இ(ந்& Royalty-ய வாங் *ற&க்காக இந்த mining activity-ய ெகாண்# வர்றாங் க.
Mining activity- underneath mineral न? mineral available underneath the earth. அத எ#த்தாத்தான் mining வ(ம் . இத Royalty collect பண்ற&க்காக் ெசால் D.(க்காங் க. அதனால இங் க இ(ந்&. CAPEXIL ல இ(ந்& எEF Ministry of Environment Forests-க்* ெசால் D mining activity-ங் கற& Beach Placer-க்* ெபா(ந்தா&.
இப்ப2 ெசான் னா 2 Metre G2ஞ் I ேபாச்J. இப்ேபா ெதன் னங் கள் ; ைவக்க;ம் னாKம் ேதாண்#Aேறாம் .
Whereof, இந்த mining less than 1 Metre. இந்த ெதன் னங் கன் ; ந#ற&ல உள் ள Mவசாய activity-ங் கற& exempted. இ& less than 1 Metre ேமல scoop பண்ணி எ#க்Aேறாம் . காரணம் mining-கற வைக வர்ற&னால. அ&க்* ஒ( Mளக்கம் மட்#ம் Explanation மட்#ம் ெகா#த்தா ேபா&ம் . இத ெகா#த்& ஏற் கனேவ Page 10 of 54 நீ ங் க3ம் recommend ெகா#த்& அ;ப்P Ministry of Forests-க்* ேபா.(க்*. அந்த case paper எங் Aட்ட இ(க்*. இேத paper-ஐ நான் ஏற் கனேவ IREL-ைலRம் Sனிவாசன் Sir-க்*ம் ெகா#த்F(க்ேகன் . அப்ேபா அவங் க3க்*ம் ெதரிRம் TUேப(ம் ேசர்ந்& அத hove பண்ணUம் , exemption வாங் கUம் ; வாங் Aனா எல் லா(க்*ேம easy. அப்ேபா Sir ெசான் ன மாFரி co-operation ஒற் Vைம.ல் லாத&னால automatic-ஆ சரி இவங் க private party-தான நம் ம Government வாங் Aடலாம் ; அவங் க3ம் Mட்#ட்டாங் க. நான் அப்ப2 எம் பாட்#க்* &ட்ட ெகா#த்& வாங் Aட்# வந்&ட்ேடன் .
இப்ப அவங் க மாட்2க்Aட்டாங் க".
9.3. We submit that Thiru. Suresh Babu while speaking on the occasion praised the 5th respondent stating, "I mean, he made a confession saying that... எனக்* talent இ(ந்த& நான் பணத்த ெகா#த்& வாங் A;
வந்ேதன் இந்த மாFரி forum-ல open confession பண்ண மாட்டாங் க யா(ம் . பண்Uனா(.) That is his personal talent sir."
9.4. We submit that Thiru. Vaikundarajan has confessed that he paid bribe to obtain Environment Clearance from the Ministry of Environment and Forests.
10.1. We submit that the CBI Court has passed an Orders on 01.02.2021and 22.02.2021 in CNR NO. DLCT110008282019, RC. No. 9(A)/2016 and also the said article published in The Hindu under the heading. "CBI court sends Vaikundarajan to jail".
10.2. We submit that the Para No.486 of the said CBI Court Order dated 01.02.2021 showing the details of the offences committed by the 4 Nos. Accused Indian Penal Code and Prevention of Corruption Act. 10.3. We extract below the punishment given on, 22.02.2021 to each of the said 4 convicts for your ready reference.
S.No. Offence punishable u/s Sentence of Fine (Rs) Sentence in
Rigorous default of fine
imprisonment (simple
imprisonment)
Neeraj Khatri (convict No. 1)
i 120B IPC r/w 7, 11, 12, 13(2) One year 1,00,000/- One Month
r/w 13(1)(d) PC Act
ii 13(2) r/w 13(1)(d) PC Act Five year 4,00,000/- Six Months
S. Vaikundarajan (convict No. 2)
i 120B IPC r/w 7,11,12,13(2) r/2 One year 1,00,000/- Two Months
Page 11 of 54
13 (1) (d) PC Act
ii 12 PC Act Three Years 1,00,000/- Two Months
Ms. Subbulakshmi (convict No. 3)
i 120B IPC r/w 7,11,12,13(2) r/2 ----- 1,00,000/- Two Months
13 (1) (d) PC Act
ii 12 PC Act ----- 1,00,000/- Two Months
M/s V V Minerals (convict No. 4)
i 120B IPC r/w 7,11,12,13(2) r/2 ----- 5,00,000/- -----
13 (1) (d) PC Act
ii 12 PC Act ----- 5,00,000/- -----
10.4. We submit that the Para 1 & 3 of the said judgment says that M/s. V.V. Minerals have given donation of Rs. 4,15,000/- for the said year Assessment year 2013-14.
11. We submit that M/s. V.V. Minerals and their Associates have unlawfully mined the 7 Nos. BSM mining leases of Non-leased areas that too, within the National Marine Biosphere of Gulf of Manor in connivance with concerned Officials.
12. The MoEF has not filed their Counter in the pending Suo-Moto PIL stating that M/s. V.V. Minerals and their Associates have not obtained any Site Specific Environment Clearance, Consent to Establish and Operate under Air and Water Act the State Government have admitted the entire violations.
13. We submit that the 13 Nos. Central and State Government Departments filed counters in the pending Suo-Moto PIL have now confirmed that the entire facts given by the Joint Inspection Team Head Dr. Kaliyaperumal Director, Regional Office, Ministry of Environment and Forest along with the District Geology and Mining, Pollution Control Board and the Department of Environment submitted reports dated 27.04.2015 totally false and imaginary.
14. We therefore request you to kindly give following information related to above said facts under RTI Act.
1. Copies of the relevant Acts, Rules, Business Rules, High Court Orders, Supreme Court Orders and our Constitution, under which it says the MOEF shall be issued the Environment Clearance without implementing the relevant statutory preconditions prescribed in relevant Environment Protection Act, etc. Page 12 of 54
2. Details of the provisions under which the required authorities given to the MOEF @fficials to issue amendments to the relevant Environment Protection Act, etc. without prior approval of the Parliament to cover up their omissions and commissions in non-compliance of the above said statutory preconditions mentioned the said relevant Acts, Rules, Business Rules, High Court Orders, Supreme Court Orders and our Constitution.
3. Details of the provisions under which the officials of the Ministry of Environment and Forests to issue Notification contrary to the Acts and Rules and Supreme Court Orders with an intention to cover up the violations that were committed by the illegal mining entities that too, that they were committed in the heavy environmental damages caused on account of their illegal mining are valid.
4.1. Details of valid site specific Environment Clearances that were issued 67 Nos. BSM mining leases in Tamil Nadu (64 Nos.) within the National Marine Biosphere of Gulf of Manor and Andhra Pradesh (3 Nos.) and also 13 Nos. Garnet mining leases in Inland Fresh Water Coarse, Tanks, etc. in Tamil Nadu by the MoEF.
4.2. Details of entities wise lawfully operated mineral manufacturing factories from 1990 onwards in Tamil Nadu and Andhra after getting prior environment clearances from the MoEF, as per Para 2.2 of EIA Notification.
5. Copies relevant section of Environment Protection Act and its Rules based on which the 5 Nos. Clarifications that were given by MoEF vide their letter No. 7-12011/41/2000-IA.III dated 24.1.2003 to M/s. Beach Mineral Producers Association.
6.1. Coples of Expert Committee Members of MOEF that they had given required approval to the MOEF for issue of 5 Nos. Environment Clearances covering the 63 Nos. BSM Mining Projects located non- contiguous and non-continuous mining projects and 1 No. Environment Clearance issued under the MOEF letter No. F.No.11-68/2011-1A-III dated 16.07.2012 to Mr. K. Thangaraj covering the already unlawfully granted Proc. No. 9593 dated 24.05.2001 and unlawfully mined 5,64,000 MTs of Run of Mines during the period from 2001-02 to 17.09.2014.
6.2. Details of actions that were taken against the MoEF officials for the unlawfully issued the said 5 Nos. ECs covering already entire minerals that were mined covering the 63 Nos. mining projects and also covering Page 13 of 54 the 1 No. EC already granted mining lease to Mr. K. Thangaraj as mentioned in previous Para.
7. Details of actions that were taken against the promoters of the illegal mining entities covering 61 Nos. BSM mining leases were operated from 1990 onwards that too, within the most Eco sensitive areas of National Marine Riosphere of Gulf of Manor in Tamil Nadu and 6Nos. CRZ areas by M/s. V.V. Minerals and their Associates and M/s. Trimex Industries [P) Ltd in Tamil Nadu and Andhra.
8. Details of Acts, Rules, High Court and Supreme Court Orders and the National Green Tribunal Bench Orders applicable to recover the entire cost of illegally large scale damages caused within the National Marine Biosphere areas of Gulf of Manor up to Rock bottom level without any valid mining leases and manufacturing factories covering over 10,000 Hects. in Tamil Nadu in connivance with concerned officials, that too in spite of our, repeated factual complaints and filing of 3 Nos. Plls in which MOEF his also a Respondent.
9. Note files showing the justification for allowing the 73 Nos. Garnet, etc. Mining leases, in which 67 Nos. of BSM mining leases, where the 7 Nos. of Atomic Minerals including the Strategic Minerals like Monazite and Zircon and other 5 Nos. minerals of such as Garnet, Ilmenite, Rutile, Sillimanite and Leucoxene are available within the National Marine Biosphere areas of Gulf of Manon, in spite of our repeated factual complaints and filing of 3 Nos. PILs in W.P. (MD) Nos. 5549/2007, 1233/2012 and W.P. No. 1592/2015 by our Federation and its member seeking CBI and SIT investigations covering various several violations that were committed by M/s. V.V. Minerals and their Associates.
10. Details of the total estimated funds required for restoration of Environment damages done on account of unlawfully done Indiscriminate and Mechanized mining by using Heavy Machineries in total violations of law by M/s. V.V. Minerals and their Associates from 1990 onwards without any valid mining leases, and manufacturing factories for mining of about 20 Crores MTs Run of Mines up to rock bottom level and they have made the potable ground water into sea water in the coastal villages that too within the National Marine Biosphere areas of Gulf of Manor, thereby they created acute Drinking and Agricultural water problems in the Coastal areas Thothhukudi, Thirunelveli and Kanyakumari District Page 14 of 54
11. Details of State wise, District wise, entities wise, factories wise Environment Clearances were issued by the MOEF for the factories to manufacture of said 7 Nos. Atomic Minerals within the most Eco Sensitive areas within the National Marine Biosphere areas of Gulf of Manor in Thoothukudi, Thirunelveli and Kanyakumari Districts in Tamil Nadu Gulf of Manor and Srikakulam and Visakhapatnam Districts in Andhra under the Para 2.A of ELA Notification from 1990 onwards.
12. Copies of Note files showing the appropriate actions that were so far taken from 1990 by the MOEF to prevent the illegal mining and protect the existing Environment and Ecology that too within the most Eco- Sensitive areas within the National Marine Biosphere areas of Gulf of Manor..
13. Details Environment related preconditions to be obtained and submitted to state Government the before grant of BSM mining leases within the National Marine Biosphere areas of Gulf of Manor.
14. Copies of the Note files showing the actions were taken against concerned officials involved in unlawful issue of 5 Nos. Environment Clearances covering 63 Nos. mining projects to M/s. V.V. Minerals and 1 No. Environment Clearance issued to Mr. K. Thangaraj covering the 64 Nos. mining projects within the National Marine Biosphere
15. Copies of the Note files showing the actions taken against the Joint Inspection Team Head Dr. Kaliyaperumal, Director, Regional Office, Chennai, Ministry of Environment and Forest for submitting totally false inspection report as per the 5 Nos. Special Teams, the Amicus Curiae and the 12 Nos. Central and State Government Respondents filed counters in the pending Suo-Moto PIL.
16. Copies of the Note files showing the justification of non-issue of TOR extension for our member M/s., Indian Garnet Sand Co. (P) Ltd based on the their online extension of said 3 TORs request that were made, based on their online request 57 days prior to the expiry date of 3 Nos. TORs to issue 18.02.2017, which were made on 24.12.2016 covering the 3 Nos. TOR, that were issued on 19.02.2014 with a validity for 3 years up to 18.02.2017 covering their 6Nos. mining projects and the MoEF has not issued the online extension in spite of their repeated requests that were made to the MOEF that too, even after the grant of mining leases on11.01.2017, that too well within 57 days prior to the expiry date of said 3 TORs validity period on 18.02.2017, as per law.
Page 15 of 5417. Details of the names of the lessees wise, total Nos. mining leases wise that were lawfully granted and operated out of 80 Nos. Placer Mineral Mining Leases to the 13 Nos. entities, after getting prior site specific environment clearances covering then existed 80 Nos. mining leases as on 12.01.2015, in which 67 Nos. are BSM Mining Leases and remaining 13 Nos. are Inland Garnet Mining Leases.
19. Details of State wise total Nos. of Major Minerals, wise, Atomic Minerals wise, Minerals (Other than Atomic and Hydro Carbons Energy Mineral) wise mining leases and manufacturing factories that were operated after getting Environment Clearance under EIA Notification Para 2.2 from MoEF or other concerned State Government Departments as per the than prevailed statutory conditions existed on 12.01.2015.
20. Details of State wise total Nos. of Major Minerals wise, Atomic Minerals wise, Minerals (Other than Atomic and Hydro Carbons Energy Mineral) wise mining leases and the manufacturing factories that were operated without getting Environment Clearance under EIA Notification Para 2.2 from MOEF or other concerned State Government Departments, as per the then prevailed statutory conditions existed, as on 12.01.2015.
21. Details of State wise, lessee wise, Garnet mining leases that were operated in the inland Garnet mining leases of stream beds, Tanks and as well as Rock Garnet in India particularly in Tamil Nadu and Rajasthan.
22. Details of the lawful actions that were taken as per the Standard Operating Procedure issued by the MoEF vide Office Memorandum No. F. No. 22-21/2020-IA.III dated 07.07.2021 for unlawfully mined, manufactured and transported and stored 1,49,96,223 MTs of Run of Mines, Processed and Semi-Processed minerals with rich Monazite that too, without any valid mining leases and manufacturing factories and also within the National Marine Biosphere of Gulf of Manor in Thoothukudi, Tirunelveli and Kanyakumari Districts as per the Special Team Head Mr. Satyabratta Sahoo, I.A.S., submitted reported dated 18.04.2018.
23.1. Details of the lawful actions that were taken as per the relevant Acts and Rules /Standard Operating Procedure issued by the MoEF vide Office Memorandum No. F. No. 22-21/2020-IA.III dated 07.07.2021 covering the 64 Nos. BSM mining leases that were operated within the National Marine Biosphere of Gulf of Manor in Thoothukudi, Tirunelveli Page 16 of 54 and Kanyakumari Districts, as per our repeated complaints submitted to the MoEF with factual information that we have obtained from the concerned District Geology and Mining Department and District Environment Engineers covering the said xxxxxxxxxxxxxxxxxx.
23.2. Details of the actions that were taken as per the relevant Acts and Rules covering the unlawfully granted and operated 61 Nos. BSM mining leases within the National Marine Biosphere and 3 Nos. CRZ areas in Kanyakumari District as per the Para 2.2 above in total violations of law and on monitory considerations.
23.3. Details of the actions that were taken as per the relevant Acts and Rules covering the unlawfully issued of said 5Nos. Environment Clearances to M/s. V.V. Minerals covering the 63 Nos. mining projects and also 1No. Environment Clearance issued to Mr. K. Thangaraj, as stated in Para 2.3 above, in total violations of law and on monitory considerations.
24. Details of the actions that were taken as per the relevant Acts and Rules in compliance of the Supreme Court Order in I.A. No. 12-13 of 2011 in SLP (c) No. 19628/2009 dated 27.02.2012, as mentioned in Para 3 above for non compliance of the statutory preconditions."
3. The CPIO furnished a reply to the Appellant on 05.02.2024 stating as under:
"Please refer to your RTI application no. MOENF/R/P/24/00008 dated 09/01/2024 on subject matter. In this regard, it is to inform you that as per the RTI Act, 2005, the information available with the CPIO is to be provided to the applicant. In the instant RTI application, the applicant has raised numerous issues which according to the section is more than 34 years old, and it shall take considerable amount of time to locate the relevant files. Section has stated that efforts are under progress. However, in many of the instances in the RTI application the applicant has asked about the acts/rules/regulations related to the environment which are already available in the Ministry's portal i.e. www.parivesh.nic.in. Further Environment Clearance related information is already available in the Parivesh Portal which is in public domain and can be accessed via the web link (https://parivesh.nic.in/). The court order of the various cases raised by the applicant are also available in the respective court websites.Page 17 of 54
Furthermore, the matter of illegal mining falls under the purview of the State Government. The Department of Mines and Geology in the State is the Nodal Authority in the State for dealing with the allotment of mining leases under the Mines and Minerals (Development and Regulation) Act (MMDR Act), 1957 and is entrusted with the enforcement and regulation of mining operations in the State including illegal mining. The State Government is empowered under Section 23C of the Mines and Minerals (Development and Regulation) Act 1957(MMDR Act) to make rules for prevention of illegal mining, transportation and storage of minerals. The DMG is also responsible for providing the data related to the mineral status in the State. The mineral related data for each state is available in their respective DMG websites."
4. Being dissatisfied, the Appellant filed a First Appeal dated 04.05.2024. The FAA vide its order dated 13.05.2024, held as under:
"Please refer to your RTI Appeal dated 04.05.2024. In this regard, it is to informed that as per the RTI Act, 2005, the information available with the CPIO was provided to the applicant. CPIO is also requested to, make efforts to locate the 34 years old file."
5. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
(2) CIC/MOENF/A/2024/637608 Relevant facts emerging from appeal:
RTI application filed on : 18.04.2024 CPIO replied on : 20.05.2024 First appeal filed on : 17.06.2024
First Appellate Authority's order : 20.06.2024 Compliance of FAA order : Not on record 2nd Appeal/Complaint dated : 24.08.2024 Information sought:
6. The Appellant filed an RTI application dated 18.04.2024 (offline) seeking the following information:
"Sub: The concerned 13 Nos. Central and State Government Respondents impleaded in the already disposed 2Nos. PILs filed in W.P.(MD) Nos.5549/2007 and 1233/2012 by our Federation and the undersigned Page 18 of 54 seeking CBI enquiries and also in the pending Suo-Moto PIL filed in W.P.No.1592/2015 by our Federation member seeking SIT enquiry covering the looting of 7 Nos. Atomic Minerals by M/s. V.V. Minerals and their Associates from 1990 onwards without any valid mining lease and manufacturing factories have not implemented the relevant Acts, Rules, High Court and Supreme Court orders as per our Constitution and they have unlawfully allowed the above said looting Request to furnish required information / copies of documents under RTI Act, 2005 - reg.
Ref: 1. PIL in W.P. (MD) No.5549/2007 filed by our Federation seeking CBI enquiry.
2. PIL in W.P.(MD) No.1233/2012 filed by the undersigned seeking CBI enquiry.
3. PIL in W.P.No.1592/2015 filed by our Federation seeking SIT enquiry.
1. With reference to the above, we submit that the pending Suo-Moto PIL is filed in W.P.No.1592/2015, by our Federation member Late Prof. Dr. G. Victor Rajamanickam seeking SIT enquiries covering the largest looting of 7Nos. Atomic Minerals of Garnet, Ilmenite, Rutile, Zircon, Leucoxene and Monazite belonging to the Government to the tune. of Rs.2/- Lakhs Crores worth of Atomic Minerals from 1990 onwards, that too without any valid mining leases and manufacturing factories, that too within the National Marine Biosphere of Gulf of Manor in the 3Nos. Southern Districts of Thoothukudi, Thirunelveli and Kanniyakumari from 1990 onwards, in spite of our repeated complaints and filing of 3 affidavits covering the above said 3 Nos. PILs seeking CBI and SIT enquires mentioned under reference against the largest looting of said 7 Nos. atomic Minerals belonging to the Govt. of Tamil Nadu by M/s. V.V. Minerals and their Associates.
2. We furnish below the details of 31 Nos. Respondents impleaded in the said pending Suo-Moto PIL, in which 13Nos. Central and State Government Department Respondents and there are 18 Nos. Private Respondents were impleaded in the said PIL, in which there are 3 Nos. Respondents belongs to our Federation and the remaining 15Nos. Respondents belongs to M/s. V.V. Minerals and their Associates. We also submit below PIL petitions wise No. of Central Government and State Government Respondents and Private Respondents and the prayers of each PIL Petitions are given for your ready reference;
No. PIL writ petition no. and Nos. of Nos. of Nos. of Prayer
date state Govt. Central Private Requested
Respondents Govt. Respondents
Page 19 of 54
Respondents
1 W.P.(MD)No.5549/2007 2 2 3 CBI
dated June, 2007 enquiry
2 W.P.(MD)No.1233/2012 7 4 7 CBI
dated January, 2012 enquiry
3 W.P.No.1592/2015 5 8 18 SIT
dated 17.10.2014 enquiry
3.1. We furnish below the details of total Nos. of BSM mining leases and inland Garnet mining leases that were unlawfully granted in Tamil Nadu and Andhra without complying the statutorily preconditions prescribed in the relevant Acts, Rules, High Court and Supreme Court orders as per our Constitution for your ready reference;
No. State Details of unlawfully granted BSM MLs
Details of inland Garnet
MLs
Total Garnet MLs Garnet Ilmenite Total Unlawfully Lawfully
MLS & Rutile MLs MLs granted granted
Nos. Extent No. Extent of MLs MLs
of in Hect. of Hect.
MLs MLs
1 Tamil 64 25 123.29.8 39 286.30.6 13 7 6
Nadu
2 Andhra 3 2 99.16.6 1 720.00.0
Pradesh NIL
37 27 222.46.4 40 1006.30.6
3.2. We submit below the details of non-included 6 Nos. atomic minerals covering the 25 Nos. unlawfully granted BSM Garnet mining leases and also details of the non-included 4 Nos. Atomic Minerals covering 39 Nos. unlawfully granted BSM Garnet, Ilmenite, Rutile mining leases to M/s. V.V. Minerals and their Associates as on 12.01.2015, the date on which the Amendment was introduced to the MM(D&R) Act, 1597.
No. Total Nos BSM Mining Non-included Atomic Unlawfully
Leases Minerals granted lessees
Name
1 27Nos. BSM Garnet 6Nos. of Ilmenite, Rutile, M/s. V.V.
Mining Lease Zircon, Sillimenite, Minerals and their
Leucoxene & Monazite 4 brothers 24Nos.
their Associates 2
Nos. and 1 No. to
Page 20 of 54
other.
2 39 Nos. BSM Garnet, 4Nos. of Zircon, M/s. V.V.
Ilmenite, Rutile mining Sillimenite, Leucoxene Minerals and their
leases and Monazite 4 brothers 39.
3.3. We submit that they have unlawfully got mining lease for Garnet and they have unlawfully allowed to mine the remaining 6 Nos. minerals covering the said 27 Nos. mining leases and remaining they have unlawfully granted 39 Nos. Garnet, Ilmenite and Rutile mining leases and allowed to mine the remaining said 4 Nos. Atomic Minerals including the Monazite.
4.1. We submit that there are 8 Nos. Central and 5 State Government Respondents were impleaded in the said 3 Nos. PILs, as stated in Para 2 above and the said 13 Nos. Respondents have filed their counters in the said 3 Nos. PILs stating that M/s. V.V. Minerals and their Associates have not committed any violations as stated in our Federation and its members given complaints and also filed affidavits in the said 3 Nos. PILs are not true.
4.2. We also e-mail herewith Annexure MI showing the 13 Nos. Central and State Government Department Respondents wise filed fake and imaginary counters in the said 3 PILs during the period from 2007 to 2018 for 11 years suppressing the entire violations that were committed by the said mafia group headed by M/s. V.V. Minerals and their Associates for your ready reference.
5.1. We furnish below the details of 5 Nos. Special Teams constituted by the Govt. of Tamil Nadu, that too based on our said 3 PILs and they have submitted their reports dates and Nos. of pages to the Government and the High Court with copies to all the respondents for your reference.
No. G.O.Ms. No and Special teams headed Reports date and pages
date and purpose of the Date pages
Government
1 156/8.8.2013 The Revenue Secretary 17.9.2013 300 pages
Mr. Gagandeep Singh
2 173/17.9.2013 Bedi. I.A.S to conduct 19.06.2014 674 pages
Inspection and enquiries
and totally banning the
mining and transport.
3 179/27.07.2015 Taluk level & District 09.11.2016 31 pages
Page 21 of 54
level Committees, etc. to &
curb the illegal mining 20.02.2017 27 pages
4 29/25.03.2017 To quantify the illegally
5 41/07.04.2017 stored entities wise, 24.4.2018 741 pages
mineral wise stocks
including the Monazite.
5.2. We submit that the Hon'ble High Court has appointed an Amicus Curiae on 28.01.2016 and the said Amicus Curiae has submitted 4 Nos. comprehensive reports containing total Nos. 598 pages to the High Court in the pending Suo Motto PIL with copies to all the respondents.
6.1. We submit that the concerned 13Nos. Central and State Government respondents have finally filed their factual counters in the said Suo-Moto PIL admitting the entire violations that were committed by M/s. V.V. Minerals and their Associates are true that too, based on the said 5 Nos. Special Teams and Amicus Curiae submitted said comprehensive reports to the High Court of Madras in the said pending Suo Motto PIL.
6.2. We also send herewith Annexure MII showing the 13 Nos. Respondents wise filed revised factual counters in the said pending Suo- Moto PIL for your ready reference 7.1. We submit that the above said 67 Nos. BSM Mining Leases were unlawfully granted Mining Leases, that too without complying the above said statutory preconditions, unlawfully executed lease deeds and unlawfully allowed to mine all the said "Nos. BSM atomic minerals without any valid mining leases from 1990 onwards in total violations of law.
7.2. We submit that the grant of above said 67 Nos. BSM Mining Leases and 7 Nos. inland Garnet MLa to M/s. V.V. Minerals and their Associates were illegal and unlawful as per Law, Supreme Court Orders and our Constitution, which may please be noted.
8.1. We submit that the Govt. of Tamil Nadu have appointed a Special Team Headed by Mr. Sathyabratta Sahoo. LAS, the then Chairman and Managing Director of Tamil Nadu Industrial Investment Corporation Ltd, to quantify the then unlawfully mined, manufactured, transported, stored said 7 Nos. of Atomic Minerals including the Monazite in the go- downs. Premises, factories, etc. of M/s. V.V. Minerals and their Associates in the 3 Nos. Districts of Tirunelveli, Thoothukudi and Kanyakumari Page 22 of 54 9.2. We submit that the said Special Team Head has submitted his Report dated 18.04.2018 to the High Court of Madras on 24.04.2018 confirming that M/s V.V. Minerals and their Associates have unlawfully mined and stored 1,49,96,224 MTs of Run of Mines, Semi-processed and Processed minerals covering the 10 Nos, entities belonging to M/s V. V. Minerals and their Associates and also the Monazite Tailings of 1,35,135 M.Ts in which the total Monazite available is 23,608 MT as per the AMD Mineralogy Test Report.
10.1. We submit that the concerned 13 Nos above said Central and State Government Department Respondents had no basic minerals subject known officials from 1990 onwards to understand the violations that we have stated in our complaints and our 3 Nos. affidavits in the said 3 PILs about the unlawfully totally committed in total violations of relevant Acts, Rules, High Court Orders. Supreme Court Orders. National Green Tribunal Bench Orders, in spite of our repeated complaints and filing of said 3 Pila 10.2. We submit that the Almighty has blessed us to get over 3,200 Nos. undeniable and undisputable information from the concerned Central and state Government Departments and we have submitted the vital information to all the said concerned Central and State Department Departments and they have never properly examined the said vital violations that were committed by M/s V. V. Minerals and their Associates from 1990 onwards.
10.3. We sulmit that we have submitted the said vital information to the said 5 Nos. Special Teams and the Amicus Curiae and they have properly examined and submitted their factual reports to the Govt. of Tamil Nadu and the High Court of Madras in the pending Sun-Moto P'IL, with copies to all the concerned Central and State Government Departments.
10.4. We submit that the said 13 Nos. Central and State Government Department Respondents have finally forced to admit that the said entire violations that M/s. V.V. Minerals and theor Asseizates committed, that too, based on the said Nos. Special Teams and the Amicus Curiae submitted reports and filled their counters admitting the antire violations that were stated in our complaints and affidavits that too after 28 years are true, which may please be noted.
11.1. We submit that the Govt. of Tamil Nadu have again constituted 3 Nos. Special Teams consisting of 28 Nos. of Geology and Mining Page 23 of 54 Department Technical Officials vide the G.O. Ms. No. 246 dated 20.09.2021 to reassess the existed atomic minerals stocks that were removed from the already reported stocks by the said Special Team submitted to the High Court on 24.04.2018 in the pending Suo-Moto PIL. that were unlawfully stored in the premises of M/s. V.V. Minerals and their Associates within a month times, as stated in the above said Government Order dated 20.09.2021.
11.2. We submit that the Additional Chief Secretary, Natural Resources Department has submitted 8 Nos. consolidated pleading typed sets to a total pages of 3,269 containing all the required information such as petitioner affidavits, counters filed by the concerned Respondents, Reports submitted by the Govt. Constituted Special Teams Heads, reports submitted by the Amicus Curie, etc. related to the pending Suo-Moto PIL on 27.11.2023 to argue the case without referring any other typed set. filed by the Respondents.
11.3. We submit that the above said Special Teams have quantified the various grades of said atomic minerals stocks in the premises of M/s. V.V. Minerals and their Associates and submitted their reassessed stocks reports to the Hon'ble High of Madras in the pending Suo-Moto PIL on January, 2024 stating that the total stocks available at the premises of M/s. V.V. Minerals and their Associates are 1,33,95,735.72 MTs only and there was a shortfall of 16,04,581.3 MTs compared to the Special Team Head Mr. Sathyabratta Sahoo, L.A.S., submitted report on 18.04.2018 and submitted to the High Court on 24.04.2018.
12.1. We submit that the concerned Central and State Government Department have unlawfully allowed to operate about 55 Nos. huge manufacturing factories from 1990 to till the ban of mining and transport in Tamil Nadu in September, 2013, as furnished in the Annexure E showing the 55 Nos. of Go Downs/Factories of M/s. V.V. Minerals and their associates and we now email the said Annexure to you and also the Govt. of India suspended the unlawfully operated the then existed mining leases in Govt. of Andhra Pradesh in September, 2018 vide their letter dated 21.08.2018, which may please be noted.
12.2. We submit that the Govt. of Tamil Nadu have unlawfully granted 63 Nos. BSM mining leases to M/s. V.V. Minerals and their Associates without complying the statutory preconditions that were to be complied as per law, High Court and Supreme Court orders and our Constitution.Page 24 of 54
13.1. We submit that the Govt. of Tamil Nadu have included the Monazite, Zircon, Sillimenite and Rutile covering 18 Nos. Garnet, Ilmenite and Rutile mining leases covering the mining leases located in the 3Nos. Southern Districts of Tamil Nadu, ie Thoothukudi, Thirunelveli and Kanniyakumari.
13.2. We submit that the above said facts will prove that all the said 7 Nos. minerals are available in Coastal Areas of said 3 districts..
14. We submit that the Govt. of Tamil Nadu have unlawfully permitted to allow them to mine over 10,000 Hects. of non-leased areas within the National Marine Biosphere of Gulf of Manor and CRZ areas in the said 3 Districts of Tamil Nadu.
15. We have forced to seek the following the largest public interest involved information to enable us to expose the entire fraudulent act that were committed by the concerned Central and State Government Departments in unlawful allowing of the looting of above said 7 Nos. Atomic Minerals to the tune of Rs.2/- Lakhs Crores from 1990 onwards *without any valid mining leases and manufacturing factories by M/s. V.V. Minerals and their Associates, so as to enable us to submit the same to the concerned Authorities for taking appropriate action in this regard accordingly.
16. We request you to kindly furnish the following information under RTI Act, 2005;
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.Page 25 of 54
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) 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 Page 26 of 54 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.
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.
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-0 as per Rule 37 of MCR, 1960 in compliance of the Supreme Court orders.
Page 27 of 54xi. 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."
7. The CPIO furnished a reply to the Appellant on 20.05.2024 stating as under:
"Please refer to your RTI application no. MOENF/R/E/24/00539 dated 20/04/2024. In this regard, it is to inform you that as per the record no information is available in the section. Accordingly, the information may be treated as Nil."
8. Being dissatisfied, the Appellant filed a First Appeal dated 17.06.2024. The FAA vide its order dated 20.06.2024, upheld the reply of CPIO.
9. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
(3) CIC/MOENF/A/2024/639134 Page 28 of 54 Relevant facts emerging from appeal:
RTI application filed on : 18.04.2024 CPIO replied on : 17.05.2024 First appeal filed on : 17.06.2024
First Appellate Authority's order : 20.06.2024 Compliance of FAA order : Not on record 2nd Appeal/Complaint dated : 02.09.2024 Information sought:
10. The Appellant filed an RTI application dated 18.04.2024 (offline) seeking the following information:
"We have only made the 13 Nos. Central and State Government Respondents to finally admit the entire omissions and commissions in violations of law that they have committed in allowing the looting of 7 Nos. Atomic Minerals to the tune of Rs.2/- Lakhs Crores worth of Atomic Minerals belonging to the Government, without any valid mining leases and manufacturing factories, by obtaining over 3,200 Nos. information from the concerned Central and State Government Departments under RTI Acts by giving repeated complaints and filing of 3 Nos. PILs seeking CBI and SIT enquiries from 1990 onwards, which are shameful acts to our Nation.
We submit that our Federation and its members M/s. Indian Garnet Sand Co. (P) Ltd., and M/s. Southern Enterprises are law abiding Garnet mining leases lessees but the concerned Central and State Government Departments have not allowed to operate their mining leases from 2011 onwards, as per the rights given under Constitution, by creating bogus inspection report on 14.11.2011, at the instigation of M/s. V.V. Minerals and their Associates and the High Court have exposed the entire fraudulent acts that were committed by the various department officials vide their orders on 18.12.2015 and 29.01.2016 in W.P(MD) Nos. 2111 to 2115/2013, 7753/2013 and 7754/2013.
Request to kindly furnish the required information under RTI Act, 2005 to enable us to file a case before the National Green Tribunal Bench (South) covering the environmental damages that were unlawfully created 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-Page 29 of 54
sensitive areas of over 10,000 Hects. of Non-leased areas, within the National Marine Biosphere of Gulf of Manor and CRZ areas from 1990 onwards to the tune of looting of Rs.2/- Lakhs Crores worth of Atomic Minerals, including unlawful storage of 1.5 Crores MTs of Run of Mines, Processed and Semi-processed 7 Nos. Atomic Minerals with rich Monazite, without any valid mining leases and manufacturing factories that too, in spite of our repeated complaints from 1990 onwards and also filing of 3 Nos. PILs in W.P. (MD).No.5549/2007, 1233/2012 seeking CBI Enquiries and W.P.No.1592/2015 seeking SIT enquiries Reg.
1. The PIL filed in W.P.(MD).No.5549/2007 by our Federation of Indian Placer Minerals Industries seeking CBI enquiry against M/s. V.V. Minerals and their Associates for looting of 7 Nos. Atomic Minerals.
2. The PIL filed in W.P. (MD).No.1233/2012 by the undersigned seeking CBI enquiry against M/s. V.V. Minerals and their Associates for looting of 7 Nos. Atomic Minerals.
3. PIL filed in W.P.No.1592/2015 by our Federation member, late Prof. Dr. G. Victor Rajamanickam seeking SIT enquiry against M/s. V.V. Minerals and their Associates for looting of 7 Nos. Atomic Minerals.
4. The CBI Court has passed an Order No. CNR NO. DLCT110008282019, RC. No. 9(A)/2016 dated 01.02.2021 and 22.02.2021.
1. With reference to the above, we email herewith the following 5Nos. Environment Clearances that were issued to M/s. V.V. Minerals covering the 63 Nos. BSM mining projects and also 1 No. Environment Clearance issued covering 1 Nos. mining project to Mr. K. Thangaraj in the 3 Nos. Southern Districts of Thoothukudi, Thirunelveli and Kaniyakumari with total 64 Nos. of mining projects that were unlawfully issued by the MoEF covering the Atomic Minerals mining projects, as mentioned in the following tabular column.
No. Project Environment Nos of mining projects District
proponent Clearance No. Covered in Extent
the E.C.
1 F.No.10[6]/2004- 23 276.65.78 Tirunelveli
1A.III. dated
10.03.2005
2 F.No.-17011/44/98- 8 Only S.No. Kanyakumari
1A.III dated Mentioned
12.11.2003
Page 30 of 54
3 F.No. 11-56/2005- 21 371.16.0 Thoothukudi
M/s V V 1A.III dated
Minerals 03.04.2006
4 F.No. 11-17/2006- 6 15.48.0 Tirunelveli
1A.III dated
15.04.2006
5 F.No.J-11-57/2005-IA- 5 23.83.6 Kanyakumari
(M) dated 21.03.2006
6 Mr. K F.No.11-68/2011-IA- 1 3.54.91 Tirunelveli
Thangaraj III dated 16.07.2012
2.1. We submit Mr. S. Vaikundarajan has admitted the vital facts that they had got Environment Clearances by giving bribe during the CAPEXIL Annual General Body Meeting held on 12-11-2010 at Hotel Chevara, Chennai. There are various panels functioning under CAPEXIL. One of the panels is Processed Mineral including Upgraded Ilmenite Ore Panel. The Chairmanship of the said Panel is Mr. R.N. Patra, who was the Chairman and Managing Director of Indian Rare Earths Ltd. The Joint Director, CAPEXIL Mr. Suresh Babu acted as a facilitator in the meeting. We have obtained the C.D. recorded the minutes of the Meeting under RTI Act from the said Central Public Information Officer, CAPEXIL, 2.2. We are in a position to produce the said C.D. at any time to any enquiry authorities, which may please be noted.
2.3. We extract below the relevant portion of Mr. S. Vaikundarajan speech for your ready reference.
"Sir, 7 years back when I came to CAPEXIL, detail memorandum CAPEXIL இ(ந்& Ministry of Commerce-க்* recommend பண்ணி.(ந்தாங் க. அதாவ& Environment Protection Act Mines- sch Power- delicate of ெகா#த்F(க்Aற&. Chief Controller of Mines, Director General of Mines. அவங் க3க்*. Mining Plan- Approved Mining Plan- competent authority-лый approve Regional Controller of Mines, Chief Controller of Mines που approve பண்றாங் க. அேத authority approved பணி Mining Plan-ன அ&க்*ப் Pற* Environment Clearance-க்* ெகாண்# ேபாேறாம் . Environment Clearance-க்காக ELA, EMP தயார் பண்ண;ங் கதாங் க. ஒ( 12 வ(டத்&க்*ன் ;ட்#.
அேத ELA, EMP இ(ந்தாதான் Mining Plan-ம் approval ஆ*&. அப்ேபா இ& duplication, இரண்டாவ& Beach Mineral-ல ெபா(த்த அள@ல the Placer Mineral-ல ெபா(த்த அள@ல இ& Mining-ேக Aைடயா&. Government நம் ம Aட்ட இ(ந்& Royalty-ய வாங் *ற&க்காக இந்த mining activity-ய ெகாண்# வர்றாங் க.Page 31 of 54
Mining activity- underneath mineral ? mineral available underneath the earth.
அத எ#த்தாத்தான் mining வ(ம் . இத Royalty collect பண்ற&க்காக ெசால் D.(க்காங் க. அதனால இங் க
இ(ந்& CAPEXIL-ல இ(ந்& Ministry of Environment Forests- & mining activity-ыдны Beach Placer-க்* ெபா(ந்தா&. இப்ப2 ெசான் னா G2ஞ் I ேபாச்J. இப் ேபா ெதன் னங் கன் ;
ைவக்க;ம் னாKம் 2 Metre ேதாண்#Aேறாம் . Whereof, இந்த mining less than 1 Metre. இந்த ெதன் னங் கன் ; ந#ற&ல உள் ள Mவசாய activity-ங் கற& exempted. இ& less than 1 Metre ேமல scoop பண்ணி எ#க்Aேறாம் . காரணம் mining-கற வைக வர்ற&னால அ&க்* ஒ( Mளக்கம் மட்#ம் Explanation மட்#ம் ெகா#த்தா ேபா&ம் . இத ெகா#த்& ஏற் கனேவ நீ ங் க3ம் recommend ெகா#த்& அ;ப்P Ministry of Forests-க்* ேபா.(க்*. அந்த case paper எங் Aட்ட இ(க்*. இேத paper-ஐ நான் ஏற் கனேவ IREL-ைலRம் Sனிவாசன் Sir-க்*ம் ெகா#த்F(க்ேகன் . அப் ேபா அவங் க3க்*ம் ெதரிRம் TUேப(ம் ேசர்ந்& அத move பண்ணUம் exemption வாங் கUம் ;, வாங் Aனா எல் லா(க்*ேம easy. அப்ேபா Sir ெசான் ன மாFரி co-operation ஒற் Vைம.ல் லாத&னால் automatic-ஆ சரி இவங் க private party-தான நம் ம Government வாங் Aடலாம் ; அவங் க3ம் Mட்#ட்டாங் க. நான் அப்ப2 எம் பாட்#க்* &ட்ட ெகா#த்& வாங் Aட்# வந்&ட்ேடன் .
இப்ப அவங் க மாட்2க்Aட்டாங் க"
2.3. We submit that Thiru. S. Vaikundarajan has confessed that he paid bribe to obtain Environment Clearance from the Ministry of Environment and Forests.
3.1. We e-mail herewith a scanned copy of the Ministry of Environment and Forest has given clarification letter No. F. No. Z-12011/41/2000-1A- III dated 24.01.2003 addressed to the Beach Mineral Producers Association and we extract below the relevant Para 2, 3, 4 and 5 for your ready reference.
"2. In the amendment to the Coastal Regulation Zone Notification, dated 21.02.2002, the Ministry had only rationalized the notification by listing mining of rare minerals under permissiable activities 3(iii a), whereas earlier it was indicated as an exempted activity under sub heading "prohibited activity" (2 (ix)). Hence, all rare earth mining projects in coastal Regulation Zone area would required environmental clearance under Coastal Regulation Zone notification irrespective of the date of commencement of project operations.Page 32 of 54
3. The project proponents shall submit to Ministry of Environment & Forest necessary documents, including approved Coastal Zone Management Plan of the area indicating High Tide Line demarcated by one of the seven authorized agencies as well as the clearance from the concerned State Coastal Zone Management Authority.
4. Mining projects pertaining to mining of rare earths in Coastal Regulation Zone area are required to obtain clearance under Coastal Regulation Zone Notification, 1991. If such mining lease are greater than 5 Ha of land and situated fully or partially in Coastal Regulation Zone, clearance under Environmental Impact Assessment Notification will also be required. For mining projects falling in forest areas, clearance from Forest angle is also needed.
5. The Coastal Regulation Zone clearance for mining projects falling in Coastal Regulation Zone area are site specific. Application shall be made by the project proponent for the particular site proposed for undertaking mining activity."
3.2. We submit that no factory with a production capacity of above said 1 Lakh MTs of throughput minerals shall operate without Environment Clearance issued by the Ministry of Environment and Forest, Consent to Establish and Operate under Water (Prevention and Control of Pollution) Act, 1974 and Air (prevention and Control of Pollution) Act, 1981 and we extract below the relevant Para 2(b) of the EIA Notification dated 27.01.1994, as amended on 04.05.1994 for your ready reference.
(1) (2) (3) (4) (5)
2(b) Mineral > 0.1 milion ton <0.1 milion ton General
beneficiation per annum per annum condition shall
mineral mineral apply (mining
throughput throughput proposal with
mineral
beneficiation
shall be
appraised
together for
grant of
clearance)
Page 33 of 54
3.3. We submit that the MoEF have unlawfully given the said 6 Environment Clearances in total violation of the relevant Acts, Rules, High Court orders, Supreme Court orders and our Constitution and also without applying their mind, for the best reason known to them.
4. We e-mail herewith Annexure E showing the details of 55 Nos. of Factories of V.V. Minerals and their associates in Tamil Nadu and Andhra, in which 49 Nos, in Tamil Nadu and Andhra 6Nos. Pradesh without valid Environment Clearances, Consent to Establish and Operate in total violation of law.
5. We require the said information to file a case before the National Green Tribunal Bench South, Chennai to get an order to recover the entire cost of the environmental damages that were unlawfully created illegally mined areas over 10,000 Hects. of non- leased areas on account of unlawful mechanized mining so as to rectify the damages caused by M/s. V.V. Minerals and their Associates and also recover the entire damages payable to the private lands owners and also the Government lands, as per the Standard Operating Procedure issued by the MoEF vide their Office Memorandum N F.No. 22-21/2020-IA.III dated 07.07.2021.
6. We request you to kindly furnish the following information under RTI Act, 2005;
1. Copies of the prescribed ToR application that were submitted by the said 2 project proponents covering said 6 Nos. Environment Clearances that were issued covering the said 64 Nos. BSM mining projects, within the National Marine Biosphere of Gulf of Manor covering the 3 Nos. Coastal Districts of Thoothukudi, Thirunelveli and Kanyakumari.
ii. Copies of the relevant ToR that were issued to the said 2 project proponents by Expert Appraisal Committees of the Ministry of Environment and Forests covering the said 6 Nos. Environment Clearances that were issued covering 64 Nos. non-continuous and non-contiguous Mining Projects that too, covering various stages of mining lease applications and mining leases, that too contrary to the already entire minerals mined mining leases, without precise areas, etc. iii. Details of site specific Environment Clearances that were issued covering the Govt. of Tamil Nadu granted 64 Nos. BSM mining Page 34 of 54 leases in Tamil Nadu, in which 61 Nos. BSM Mining Leases were granted within the National Marine Biospheres of Gulf of Manor and 3 Nos. BSM Mining Leases within CRZ areas of Kanyakumari District said 3 Nos. Southern Districts of Tamil Nadu.
iv. Copies of statutorily preconditions to be complied for getting TORs during the period from 2000 to 2007 and Environment Clearances that were prescribed by the MoEF for obtaining the ToRs and Environment Clearances during period from 2000 to 2007.
v. Copies of the approval given by the EAC to issue the said 6 Environment Clearances covering the said 64 Nos. mining projects mentioned in the said unlawfully issued 6 Nos. Environment Clearances by MoEF.
vi. Details of site specific Environment Clearances that were issued by the MoEF covering the Govt. of Tamil Nadu have granted 64 Nos. BSM Mining Leases in Tamil Nadu, in which 25 Nos. Garnet Mining Leases and 39 Nos. Garnet, Ilmenite and Rutlie Mining Leases out of 7 Nos. of existed Atomic Minerals of Garnet, Ilmenite, Rutile, Zircon, Sillimenite, Leucoxene and Monazite in Tamil Nadu.
vii. Details of site specific Environment Clearances that were issued by the MOEF covering the Govt. of Tamil Nadu had so far granted 64 Nos. BSM Mining Leases in Tamil Nadu as on 12.01.2015. the date on which, the Amendment to MM(D&R) Act was issued, in which 61 Nos. to the 4 Brothers and partners of M/s. V.V. Minerals and their Associates and 3 to others, in which 25 Nos. Garnet Mining Leases and 39 Nos. Garnet, Ilmenite and Rutlie Mining Leases out of 7 Nos. of existed Atomic Minerals of Garnet, Ilmenite, Rutile, Zircon, Sillimenite, Leucoxene and Monazite in Tamil Nadu manufacturing factories. The concerned Central and State Government Departments have unlawfully allowed to mine all the said 7 Nos. Atomic Minerals including the Monazite.
viii. Details of factories wise and said 7 Nos, minerals wise Environment Clearances that were issued by the MoEF covering the 49 Nos. Atomic Minerals manufacturing factories in Tamil Nadu, as mentioned in our e-mailed Annexure - E, located in Tamil Nadu as per Para 2(b) of EIA Notification 1994.
Page 35 of 54ix. Furnish the name of the Central and State Government Departments are given authority to recover the cost of the damages for restoration of the environmental damages that were created within the National Marine Biosphere and other areas covering over 10,000 Hects. of non-leased areas as per SOP issued by the MOEF vide their letter F.No. 20-21/2020-IA.III dated 07.07.2021.
x. Details of actions that have taken covering the District wise, entities wise, premises/ factories wise unlawfully mined transported, manufactured and stored 1.5 Crores MTs of Run of Mines, Processed and Semi-Processed minerals as stated in the Special Team head report dated 18.04.2018 and submitted to the High Court on 24.04.2018 in the pending Suo Moto PIL in W.P.No.1592/2015 with copies to all the respondents impleaded in the said PIL. (MoEF is the 3rd Respondent)"
11. The CPIO furnished a reply to the Appellant on 17.05.2024 stating as under:
"Please refer to your RTI application no. MOENF/R/E/24/00530 dated 18/04/2024. The record has been checked and as per the record no information is available in the section. Accordingly, the information may be treated as Nil."
12. Being dissatisfied, the Appellant filed a First Appeal dated 17.06.2024. The FAA vide its order dated 20.06.2024, upheld the reply of CPIO.
13. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
(4) CIC/MOENF/A/2024/643190 Relevant facts emerging from appeal:
RTI application filed on : 11.04.2024 CPIO replied on : 08.05.2024 First appeal filed on : 19.06.2024
First Appellate Authority's order : 01.07.2024 Compliance of FAA order : Not on record 2nd Appeal/Complaint dated : 26.09.2024 Page 36 of 54 Information sought:
14. The Appellant filed an RTI application dated 11.04.2024 (offline) seeking the following information:
"Request to furnish certain information / copies of important Documents under RTI Act, 2005 - reg.
Our Federation and its 2 members have filed 3 Nos. PILs fn W.P. (MD) Nos.5549/2007, 1233/2012 and W.P.No.1592/2015 seeking CBI enquiry and SIT enquires respectively covering the looting of 7 Nos. Atomic Minerals belonging to the Government from 1990 onwards without any valid mining leases and manufacturing factories from 1990 onwards in total violations of law that too within most Eco-sensitive areas of National Marine Biosphere of Gulf of Manor, covering the 3 Nos. Southern District of Thothukudi Thirunelveli and Kanniyakurami in spite of our repeated complaints and filing of above said 3 Nos. PILS.
1.1. We submit that we would like to point out that all the concerned 13 Nos. Central and State Government Department Respondents impleaded in the above said 3 Nos. PILs have given fake reports and also filed improper and incorrect counters in the said 3 PILs, as stated in the e-mailed Annexure - MI that the entire violations that were stated in our said complaints and the said 3 Nos. Affidavits filed in the said 3 PILs against M/s. V.V. Minerals and their Associates covering their looting of 7Nos. Atomic Minerals, belonging to the Government, without any valid mining leases and manufacturing factories are totally incorrect and requested the Hon'ble High Court to dismiss the said 3Nos. PIL Petitions.
1.2. We submit that the above reports and counters that were filed in support of the largest looter of 7 Nos. Atomic Minerals are shameful and unlawful Acts that the concerned said 13Nos. Central and State Government Department Respondents have unlawfully committed violations totally against ground truths, actual facts and legal provisions and also against the interest of our people and Nation.
1.3. We submit that the Govt. of Tamil Nadu have constituted 5 Nos. Special Teams based on the said 3 Nos. PILs vide G.O.Ms. Nos. 156 dated 08.08.2013, 173 dated 17.09.2013, 179 dated 27.07.2015, 29 dated 25.03.2017 and 41 dated 07.04.2017 and the Hon'ble High Court of Madras has appointed an Amicus Curiae in the said pending Suo-Moto PIL on 28.01.2016.Page 37 of 54
1.4. We submit that the said 5Nos. Special Teams and the said Amicus Curiae have submitted their comprehensive reports confirming that the entire violations that are stated in our complaints from 1990 onwards against M/s. V.V. Minerals and their Associates covering the unlawfully looted 7Nos. Atomic Minerals, that too, over 10,000 Hects. of non-leases areas, that too within the most Eco-sensitive areas of National Marine Biosphere areas of Gulf of Manor covering the 3 Nos. Southern Districts are true.
1.5. We submit that we have submitted the required vital evidences to all the concerned departments, the above said 5 Special Teams and the Amicus Curiae that we have obtained 3,200 Nos. undeniable and undisputable evidences from the concerned Central and State Government Departments under RTI Act to prove that the entire violations stated in our complaints and affidavits filed in the said 3 Nos. PILs are true.
1.6. We submit that the said 5 Nos. Special Teams and the Amicus Curiae have submitted their comprehensive reports to the Government and the High Court with copies to all the said 31 Nos. Respondents including the said 13 Nos. Respondents.
2.1 We submit that all the concerned 13 Nos. Central and State Government Respondents impleaded in the pending Suo-Moto PIL have finally admitted the facts, based on the 5 Nos. Special Teams and the Amicus Curiae submitted comprehensive reports and hence, they have filed their factual revised counters stating that the entire violations that were stated in our complaints and affidavits are true, as stated in the e-mailed Annexure-M-II based on the said 5 Nos. Special Teams and the Amicus Curiae submitted undeniable and undisputable comprehensive reports to the High Court in the said pending Suo-Moto PIL that too, totally contrary to earlier filed counter as stated in our Annexure M-I, which may please be noted.
2.2. We email herewith Annexure M-II showing the factual counters filed by the concerned Central and State Government Respondents for your ready reference.
3. We submit that the Ministry of Environment and Forests is a respondent in the said 3 PILs but they have filed only one counter covering the PIL in W.P.(MD) No.1233/ 2012 and they have not filed any counters in PIL in W.P.(MD) No.5549/2007 and also in the pending Suo-Moto PIL in W.P.No.1592/2015, for the best reasons known to them.Page 38 of 54
4.1. We submit that the above said Annexure M-II will prove that the Ministry of Environment and Forests have never taken any action on our complaints and the 5 Nos. Special Teams and Amicus Curiae submitted comprehensive reports till now to implement the Acts and Rules, High court orders and Supreme Court orders, as per our Constitution, as the entire Ministry of Environment and Forests administrative was under the control of said mafia group headed by M/s. V.V. Minerals and their Associates.
4.2. We submit that no mining lease shall be granted without valid Environment Clearance under the Environment Protection Act by the MoEF, the Consent to Establish and operate under water and Air Act issued by the concerned State Pollution Control Board.
4.3. We submit that no mining lease and manufacturing factories shall be allowed to operate without Environment Clearance, Consent to establish and operate as per the relevant above said statutory preconditions and also the Supreme Court orders.
4.4. We extract below the Para Nos. 128, 129, 150, 152 & 211 of Supreme Court Order 02.08.2017 in Writ Petition (Civil) No.114 of 2014 for your ready reference.
"128. The simple reason for not accepting this interpretation is that Rule 2(ii a) of the MCR was inserted by a notification dated 26th July, 2012 while we are concerned with an earlier period. That apart, as mentioned above, the holder of a mining lease is required to adhere to the terms of the mining scheme, the mining plan and the mining lease as well as the statutes such as the EPA, the FCA, the Water and Control Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. If any mining operation is conducted in violation of any of these requirements, then that mining operation is illegal or unlawful. Any extraction of a mineral through an illegal or unlawful mining operation would become illegally or unlawfully extracted mineral. (Prevention of
129. It is not, as suggested by learned counsel, that illegal mining is confined only to mining operations outside a leased area. Such an activity is obviously illegal or unlawful mining. Illegal mining takes within its fold excess extraction of a mineral over the permissible limit even within the mining lease area which is held under lawful authority, if that excess extraction is contrary to the mining scheme, the mining plan, the mining lease or a statutory requirement. Even otherwise, it is Page 39 of 54 not possible for us to accept the narrow interpretation sought to be canvassed by learned counsel for the mining lease holders particularly since we are dealing with a natural resource which is intended for the benefit of everyone and not only for the benefit of the mining lease holders.
150. In our opinion, Section 21(5) of the MMDR Act is applicable when any person raises, without any lawful authority, any mineral from any land. In that event, the State Government is entitled to recover from such person the mineral so raised or where the mineral has already been disposed of, the price thereof as compensation. The words 'any land' are not confined to the mining lease area. As far as the mining lease area is concerned, extraction of a mineral over and above what is permissible under the mining plan or under the EC undoubtedly attracts the provisions of Section 21(5) of the MMDR Act being extraction without lawful authority. It would also attract Section 21(1) of the MMDR Act. In any event, Section 21(5) of the Act is certainly attracted and is not limited to a violation committed by a person only outside the mining lease area it includes a violation committed even within the mining lease area. This is also because the MMDR Act is intended, among other things, to penalize illegal or unlawful mining on any land including mining lease land and also preserve and protect the environment. Action under the EPA or the MCR could be the primary action required to be taken with reference to the MCR and Rule 2(ii
a)thereof read with the Explanation but that cannot preclude compensation to the State under Section 21(5) of the MMDR Act. The MCR cannot be read to govern the MMDR Act.
152. Learned counsel for the petitioners and the learned Amicus were of opinion that the provisions of Section 21(5) of the MMDR Act require that the entire price of the illegally mined ore should be recovered from each defaulting lessee. Similarly, in its affidavit, the Union of India differs with the recommendation of the CEC. According to the affidavit of the Union of India this would be contrary to the statutory scheme and in fact 100% recovery should be made under the provisions of Section 21(5) of the MMDR. We may note that only to this extent, the learned Attorney General differed with the view expressed by the Union of India and submitted that the recommendation of the CEC to recover only 30% of the value of the illegally mined ore should be accepted.
211. For the present, we do not propose to direct an investigation or inquiry by the CBI for the reason that what is of immediate concern is to Page 40 of 54 learn lessons from the past so that rapacious mining operations are not repeated in any other part of the country. This can be achieved through the identification of lapses and finding solutions to the problems that are faced. Undoubtedly, there have been very serious lapses that have enabled large scale mining activities to be carried out without forest clearance or environment clearance and eventually the persons responsible for this will need to be booked but as mentioned above, the violation of the laws and policy need to be prevented in other parts of the country. The rule of law needs to be established. We are therefore of the view that it would be appropriate if an Expert Committee is set up under the guidance of a retired judge of this Court to identify the lapses that have occurred over the years enabling rampant illegal or unlawful mining in Odisha and measures to prevent this from happening in other parts of the country."
5.1. We submit that no factory shall operate without Environment Clearance issued by the Ministry of Environment and Forest, Consent to Establish and Operate under Water (Prevention and Control of Pollution) Act, 1974 and Air (prevention and Control of Pollution) Act, 1981 and we extract below the relevant Para 2(b) of the EIA Notification dated 27.01.1994, as amended on 04.05.1994 for your ready reference.
(1) (2) (3) (4) (5) 2(B) Mineral >0.1 <0.1 General condition shall apply
beneficiation million ton million ton (mining proposal with mineral per annum per annum beneficiation shall be mineral mineral appraised together for grant throughput throughput of clearance) 5.2. We email herewith Annexure-E showing the 49 Nos. very huge captives factories operated in Tamil Nadu and also 6 Nos, factories in Andhra with a capacity of minimum 3 Lakhs MTs to Maximum of 30 Lakhs MT of Run of Mines per year, which may please be noted.
6. We submit that M/s. V.V. Minerals and their Associates have unlawfully operated 68 Nos. of mining leases in which 63 Nos. in BSM deposits and 5 Nos. in inland fresh Water Sources without any valid above said site specific Environment Clearance, consent to establish and operate, that too in spite of our repeated complaints and filing of affidavits in the above said 3 Nos. PILS.
7. We submit that the Special Teams head and CMD of Tamilnadu Industrial Investment Corporations Ltd., Mr. Sathyabratta Sahoo, IAS Page 41 of 54 have quantified the entities wise, district wise, Premises wise, minerals wise and submitted reports dated 18.04.2018 say that M/s. V.V. Minerals and their Associates unlawfully mined, transported, stored 1.5 Crores MTs. of Run of Mines, Processed and Semi-Processed Atomic Minerals.
8. We request you to kindly furnish the following information/copies of documents under RTI Act, 2005;
1. Details of Total Nos, of then existed 67 BSM mining leases mining leases in which 64 Nos. BSM mining leases in Tamil Nadu and 3 Nos. BSM mining leases in Andhra Pradesh, as on 12.01.2015, after the approval of site specific Environment Clearance and also then existed 13 Nos. of said inland Garnet mining leases in Trichy and Madurai that were lawfully granted in inland Garnet mining leases after the approval of Environment Clearances by the MoEF as per the relevant sections of Environmental Protect Act, etc. and also the Supreme Court orders in Compliance of our Constitution.
2. Details of total Nos. minerals wise site specific approved Environment Clearances were given from 1990 onwards by the MoEF covering 27 Nos. BSM Garnet mining lease from 1990 onwards and 40 Nos. Garnet, Ilmenite and Rutile mining leases were granted from 06.10.1998 after approval of Environment Clearance by MoEF, as per law.
3. Details of total Nos. site specific Environment Clearance were issued covering the 61 Nos. BSM mining leases were granted within National Marine Biosphere of Gulf of Manor, covering the 3 Nos. Southern District of Thoothukudi, Thirunelveli and Kanniyakumari and 3 Nos. BSM mining leases within the CRZ areas in Kanniyakumari District in Tamil Nadu.
4. Copies of relevant portion of Acts and Rules that under which any non- included Atomic Minerals in the Environment Clearance can be mined.
5.1. Copies of the Note files and current files that are available with MoEF showing lawful actions that were taken against M/s. V.V. Minerals and their Associates by the MoEF covering the unlawful mining of 7 Nos. Atomic Minerals within 10,000 Hect of Non-leased area within the said National Marine Biosphere of Gulf of Manor covered in the non-leased areas in the said 3 Districts without any valid mining leases.
5.2. Copies of note files showing the lawful actions that were taken by the MoEF covering the looting of about 20 Crores MTs of Run of Mines Page 42 of 54 that were by unlawfully mined by the said mafia group, that too within the said National Marine Biosphere of Gulf of Manor by unlawfully using Heavy machineries thereby damaging the entire eco systems and totally removing the sand dunes, etc. thereby paved way for intrusion of sea water into the inland upto 5 K.Ms. from the High tide lines in the said 3 Nos. Districts.
6. Details of total Nos. Atomic Minerals manufacturing factories that were allowed to operate out of 55 Nos. factories with a capacity of 3 Lakhs MTs to 20 Lakhs MTs per year that were shown in the enclosed Annexure-E after complying all the relevant vital statutory preconditions of site specific Environment Clearance issued by MoEF, as per the relevant Acts, Rules, etc.
7. Copies of the Note files showing the action taken against the concerned MoEF officials for the unlawfully issued following ECs issued to M/s. V.V. Minerals and their Associates and ToRs without applying their mind in total violation of the law thereby making the Ministry of Environments and Forests a laughing stock before the subject knowing public.
No. Project Environment clearance No. Nos. of mining projects District
proponent Covered Extent
in the
E.C.
1 F.No.10[6]/2004-1A.III 23 276.65.78 Tirunelveli
dated 10.03.2005
2 M/s V V F.No.-17011/44/98-1A.III 8 Only S.No. Kanyakumari
Minerals dated12.11.2003 Mentioned
3 F.No. 11-56/2005-1A.III 21 371.16.0 Thoothukudi
dated 03.04.2006
4 F.No. 11-17/2006-1A.III 6 15.48.0 Tirunelveli
dated 15.04.2006
5 F.No.J-11-57/2005-IA-(M) 5 23.83.6 Kanyakumari
dated 21.03.2006
6 Mr. K F.No.11-68/2011-IA-III 1 1.90.5 Tirunelveli
Thangaraj dated 16.07.2012
8. Details of actions that were so far taken against the illegal mining entities of M/s. V.V. Minerals and their Associates and also the concerned officials of MoEF for allowed the unlawfully mining in total violations of law.
Page 43 of 549. Details of law actions that were taken against the promoters of the said lessees of the concerned 67 Nos. unlawfully granted BSM mining leases, allowed executed lease deeds and also allowed to mine within the National Marine Biosphere to the tune of over Rs.2/-lakhs Crores worth of 7 Nos. Atomic Minerals within National Marine Biosphere.
10. Details of actions that were taken against the illegal mining entities of M/s. V.V. Minerals and their Associates for unlawfully operated their mining leases and manufacturing factories as per relevant Acts, Rules CRZ Notification, EIA Notification by MoEF issued Office Memorandum SoP F.No.22-21/2020-IA.III dated 07.07.2021 to recover the cost of the environmental damages that were caused within the National Marine Biosphere from 1990 onwards, as per the above said SoP issued by Ministry of Environment and Forests.
11. Copies of note files showing the reasons as to why the concerned MoEF officials have not filed their factual counter in the already disposed 2 PILs filed in W.P. (MD) Nos. 5549/2007 and 1233/2012 filed by our Federation and the undersigned seeking CBI enquiries and also in the pending Suo-Moto PIL in W.P.No.1592/2015 seeking SIT enquiry covering the looting of 7 Nos. Atomic Minerals including the Monazite and also total damages of entire ecology and environment within the National Marine Biosphere.
12. Copies of the relevant documentary evidences showing the relevant actions that were taken against M/s. V.V. Minerals and their Associates based on our repeated complaints and also submission of the comprehensive reports filed by the 5 Nos. Special Teams and Amicus Curiae in the pending Suo-Moto PIL..."
15. The CPIO furnished a reply to the Appellant on 08.05.2024 stating as under:
"Please refer to your RTI application no. MOENF/R/P/23/00487 dated 12/04/2024. In this regard, it is inform you that the RTI letter is not legible. Thus the CPIO is unable to provide information."
16. Being dissatisfied, the Appellant filed a First Appeal dated 19.06.2024. The FAA vide its order dated 01.07.2024, held as under:
"CPIO informed that RTI request was received on 12.04.2024 and the CPIO vide letter dated 8.05.2024 has informed the RTI applicant that the Page 44 of 54 letter enclosed by the RTI applicant was not legible. Accordingly, the CPIO was unable to provide the information."
17. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present: -
Appellant: Represented by Shri B John Solomon, Advocate present through video conference.
Respondent: Dr. Krishnendu Mondal, Scientist-D/CPIO along with Shri Ramshankar Singh, Research Associate present in person.
18. Proof of having served a copy of these Second Appeals on the Respondent while filing the same in CIC is not available on record. The Respondent confirms non-service.
19. A written submission dated 02.09.2025 in each case has been filed by Dr. Krishnendu Mondal, Scientist-D/CPIO are taken on record. Contents of the same (File No. wise) are reproduced below for ready reference:
(1) CIC/MOENF/A/2024/635017-
"...In this regard, it is respectfully submitted that the details pertaining to the RTI application and the replies furnished by the then Central Public Information Officer (CPIO) and the First Appellate Authority (FAA) of the Non-Coal Mining Sector of the Ministry are enclosed herewith. The RTI application was received on 09.01.2024 and disposed of by the CPIO on 05.02.2024. Thereafter, the first appeal under the RTI Act, 2005 was received on 04.05.2024 and duly disposed of by the FAA on 13.05.2024. It is respectfully submitted that the RTI applicant has been provided with appropriate and timely responses by both the CPIO and the FAA in accordance with the provisions of the RTI Act, 2005. With respect to the RTI and its Appeal, it is respectfully submitted that the Environmental Clearance (EC) process in the Ministry of Environment, Forest and Climate Change (MoEFCC) is transparent and accessible online. Documents and reports submitted by the Project Proponents, including Form-1, Project Feasibility Reports, EC compliance reports, public hearing details, Environmental Impact Assessment (EIA) study reports, and other necessary information provided, are all uploaded on the PARIVESH Portal of MoEFCC (parivesh.nic.in). Furthermore, project statuses, Terms of Reference (ToR), EC Page 45 of 54 letters, and Minutes of Expert Appraisal Committee (EAC) meetings are also available for public access on the MOEFCC Websites (parivesh.nic.in And environmentclearance.nic.in/searchproposal.aspx). It is also submitted that as per the Guide on the Right to Information Act, 2005 (vide Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training Letter No. 1/32/2013-IR dated 28.11.2013) (Part I, Para
10), the Public Information Officer is not supposed to create information that is not a part of the record of the public authority. The Public Information Officer is also not required to furnish information which require drawing of inference and/or making of assumptions; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. It is, therefore, requested that the applicant may be advised to send specific query under the definition of information as per section 2(f), 2(i) and 2
(j) of the RTI Act, 2005.
Additionally, the applicant may be advised to refer to the MoEFCC PARIVESH Portal for all relevant details regarding proposals received for the grant of Environmental Clearance. If copy of the Environmental Clearance (EC) is required for any specific project, the proposal number or EC number may kindly be provided to facilitate retrieval of the file from the PARIVESH portal. The CRZ Notification, 2011 and the updated CRZ Notification, 2019 are also available in the PARIVESH portal."
(2) CIC/MOENF/A/2024/637608-
"...In this regard, it is respectfully submitted that the details pertaining to the RTI application and the replies furnished by the then Central Public Information Officer (CPIO) and the First Appellate Authority (FAA) of the Non-Coal Mining Sector of the Ministry are enclosed herewith. The RTI application was received on 18.04.2024 and disposed of by the CPIO on 20.05.2024. Thereafter, the first appeal under the RTI Act, 2005 was received on 17.06.2024 and duly disposed of by the FAA on 20.06.2024. It is respectfully submitted that the RTI applicant has been provided with appropriate responses by both the CPIO and the FAA in accordance with the provisions of the RTI Act, 2005.
With respect to the RTI and its Appeal, it is respectfully submitted that the Environmental Clearance (EC) process in the Ministry of Environment, Forest and Climate Change (MoEFCC) is transparent and accessible online. Documents and reports submitted by the Project Proponents, including Form-1, Project Feasibility Reports, EC compliance reports, public hearing details, Environmental Impact Assessment (EIA) study reports, and other necessary information provided, are all Page 46 of 54 uploaded on the PARIVESH Portal of MoEFCC (parivesh.nic.in). Furthermore, project statuses, Terms of Reference (ToR), EC letters, and Minutes of Expert Appraisal Committee (EAC) meetings are also available for public access on the MoEFCC websites environmentclearance.nic.in/searchproposal.aspx). (parivesh.nic.in and It is also submitted that as per the Guide on the Right to Information Act, 2005 (vide Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training Letter No. 1/32/2013-IR dated 28.11.2013) (Part I, Para 10), the Public Information Officer is not supposed to create information that is not a part of the record of the public authority. The Public Information Officer is also not required to furnish information which require drawing of inference and/or making of assumptions; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. It is, therefore, requested that the applicant may be advised to send specific query under the definition of information as per section 2(f), 2(i) and 2 (j) of the RTI Act, 2005.
Additionally, the applicant may be advised to refer to the MoEFCC PARIVESH Portal for all relevant details regarding proposals received for the grant of Environmental Clearance. If copy of the Environmental Clearance (EC) is required for any specific project, the proposal number or EC number may kindly be provided to facilitate retrieval of the file from the PARIVESH portal. The CRZ Notification, 2011 and the updated CRZ Notification, 2019 are also available in the PARIVESH portal."
(3) CIC/MOENF/A/2024/639134-
"...In this regard, it is respectfully submitted that the details pertaining to the RTI application and the replies furnished by the then Central Public Information Officer (CPIO) and the First Appellate Authority (FAA) of the Non-Coal Mining Sector of the Ministry are enclosed herewith. The RTI application was received on 18.04.2024 and disposed of by the CPIO on 17.05.2024. Thereafter, the first appeal under the RTI Act, 2005 was received on 17.06.2024 and duly disposed of by the FAA on 20.06.2024. It is respectfully submitted that the RTI applicant has been provided with appropriate responses by both the CPIO and the FAA in accordance with the provisions of the RTI Act, 2005.
With respect to the RTI and its Appeal, it is respectfully submitted that the Environmental Clearance (EC) process in the Ministry of Environment, Forest and Climate Change (MoEFCC) is transparent and accessible online. Documents and reports submitted by the Project Proponents, including Form-1, Project Feasibility Reports, EC compliance reports, public hearing details, Environmental Impact Assessment (EIA) study reports, and other necessary information provided, are all Page 47 of 54 uploaded on the PARIVESH Portal of MoEFCC (parivesh.nic.in). Furthermore, project statuses, Terms of Reference (ToR), EC letters, and Minutes of Expert Appraisal Committee (EAC) meetings are also available for public access on the MoEFCC websites (parivesh.nic.in and environmentclearance.nic.in/searchproposal.aspx)."
It is also submitted that as per the Guide on the Right to Information Act, 2005 (vide Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training Letter No. 1/32/2013-IR dated 28.11.2013) (Part I, Para 10), the Public Information Officer is not supposed to create information that is not a part of the record of the public authority. The Public Information Officer is also not required to furnish information which require drawing of inference and/or making of assumptions; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. It is, therefore, requested that the applicant may be advised to send specific query under the definition of information as per section 2(f), 2(i) and 2 (j) of the RTI Act, 2005. Additionally, the applicant may be advised to refer to the MoEFCC PARIVESH Portal for all relevant details regarding proposals received for the grant of Environmental Clearance. If copy of the Environmental Clearance (EC) is required for any specific project, the proposal number or EC number may kindly be provided to facilitate retrieval of the file from the PARIVESH portal. The CRZ Notification, 2011 and the updated CRZ Notification, 2019 are also available in the PARIVESH portal.
It is also respectfully submitted that the information sought in the RTI is related to Beach Sand Mineral mining which are associated with Atomic minerals. The information is also covered under the Section 8. Exemption from disclosure of information. (i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,- (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence."
(4) CIC/MOENF/A/2024/643190-
"...In this regard, it is respectfully submitted that the details pertaining to the RTI application and the replies furnished by the then Central Public Information Officer (CPIO) and the First Appellate Authority (FAA) of the Non-Coal Mining Sector of the Ministry are enclosed herewith. The RTI application was received on 12.04.2024 and disposed of by the CPIO on 08.05.2024. Thereafter, the first appeal under the RTI Act, 2005 was received on 19.06.2024 and duly disposed of Page 48 of 54 by the FAA on 01.07.2024. It is respectfully submitted that the RTI applicant has been provided with appropriate responses by both the CPIO and the FAA in accordance with the provisions of the RTI Act, 2005.
With respect to the RTI and its Appeal, it is respectfully submitted that the Environmental Clearance (EC) process in the Ministry of Environment, Forest and Climate Change (MoEFCC) is transparent and accessible online. Documents and reports submitted by the Project Proponents, including Form-1, Project Feasibility Reports, EC compliance reports, public hearing details, Environmental Impact Assessment (EIA) study reports, and other necessary information provided, are all uploaded on the PARIVESH Portal of MoEFCC (parivesh.nic.in). Furthermore, project statuses, Terms of Reference (ToR), EC letters, and Minutes of Expert Appraisal Committee (EAC) meetings are also available for public access on the MoEFCC websites (parivesh.nic.in and environmentclearance.nic.in/searchproposal.aspx). It is also submitted that as per the Guide on the Right to Information Act, 2005 (vide Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training Letter No. 1/32/2013-IR dated 28.11.2013) (Part I, Para 10), the Public Information Officer is not supposed to create information that is not a part of the record of the public authority. The Public Information Officer is also not required to furnish information which require drawing of inference and/or making of assumptions; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. It is, therefore, requested that the applicant may be advised to send specific query under the definition of information as per section 2(f), 2(i) and 2 (j) of the RTI Act, 2005. Additionally, the applicant may be advised to refer to the MoEFCC PARIVESH Portal for all relevant details regarding proposals received for the grant of Environmental Clearance. If copy of the Environmental Clearance (EC) is required for any specific project, the proposal number or EC number may kindly be provided to facilitate retrieval of the file from the PARIVESH portal. The CRZ Notification, 2011 and the updated CRZ Notification, 2019 are also available in the PARIVESH portal.
It is also respectfully submitted that the information sought in the RTI is related to Beach Sand Mineral mining which are associated with Atomic minerals. The information is also covered under the Section 8. Exemption from disclosure of information. (i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,- (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence."Page 49 of 54
20. The Commission at the outset informed Ld. Counsel for the Appellant that more than 90 cases (Second Appeals/Complaints) of the Appellant have already been heard and disposed of by the CIC in the past and today (08.09.2025) six numbers of Second Appeal are listed for hearing before this Bench. To this, Ld. Counsel for the Appellant replied that he has also filed more than 2500 petitions before the Court of Law flagging similar issues alleging corruption in granting approval for mining activities and cancellation of such license based on alleged fake inspection report. As regards instant RTI applications, complete information has not been given by the Respondent till date, and it was vaguely denied by the CPIO concerned on the ground that records are more than 35 years old. Hence, this Second Appeal before the Commission.
21. The Respondent, by inviting attention of the Commission towards the contents of their averred written submissions stated reply in each case has been provided to the Appellant in the first instance and by the FAA. He further apprised the Bench that report of environmental clearance and other related details are available in public domain and can be accessed from website. However, the information which are of strategic importance and confidential in nature are not made public as it attracts exemption of Section 8 (1)(a) of the RTI Act.
Decision:
22. The Commission, at the outset observes from a perusal of the facts on record that the information sought in instant RTI Applications are cumbersome, extremely voluminous, requires compilation, indeterminate in nature and it does not even conform to Rule 3 of RTI Rules, 2012.
23. Even if, the Commission was to empathetically consider the concerns raised by the Appellant through the Second Appeals, he is reminded of the fact that his right to information is far from being absolute and unconditional. That, it is rather unfortunate that even the best of intentions has to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by the superior Courts in a catena of judgments such as the Hon'ble Supreme Court's observation in the matter of Central Board of Secondary Education (CBSE) & Anr. v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:
Page 50 of 54"37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption. But in regard to other information,(that is information other than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and emphasis are given to other public interests (like confidentiality of sensitive information, fidelity and fiduciary relationships, efficient operation of governments, etc.). Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising 'information furnishing', at the cost of their normal and regular duties." (Emphasis added)
24. Despite this, the Respondents have made sincere efforts to provide proper replies intimating factual position in response to the instant RTI applications by themselves and through transferee CPIOs which are as per the provisions of the RTI Act and do not require interference from the Commission.
25. The Commission after adverting to the facts and circumstances of the case and perusal of the records observes that appropriate response has been Page 51 of 54 provided by the Respondent earlier and now vide written submission dated 02.09.2025 in each case, which are in consonance with the provisions of the RTI Act and accordingly, are upheld by the Commission.
26. No relief can be granted in these matters.
27. Be that as it may, the Commission from perusal of records observes that more than 90 cases of the same Appellant against same and related Public Authority have already been heard and disposed of by different benches of the Commission. In addition, six number of Second Appeals are also listed for today's hearing. The Appellant has filed numerous RTI Applications seeking similar information repeatedly. This intention of the Appellant militates against the spirit of the RTI Act whose primary objective is providing information to the citizens. It appears that the Appellant has grossly misconceived the idea of exercising his Right to Information as being absolute and unconditional.
28. It appears that the Appellant has been repeatedly seeking information on similar subject matters, thus using up the time and resources of the Public Authority disproportionately. Such repetitive litigation is counter-productive to the RTI regime, and this aspect has been discussed by the Apex Court in detail in the case of Ashok Kumar Pandey vs. The State of West Bengal, (AIR 2003 SC 280 Para 11), where J. Pasayat had held:
".........It is depressing to note that on account of such trumpery proceedings initiated before the Courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of the genuine litigants. Though we spare no efforts in fostering and developing the laudable concept of PIL and extending our long arm of sympathy to the poor, the ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard; yet we cannot avoid but expressing our opinion that while genuine litigants with legitimate grievances relating to civil matters involving properties worth hundreds of millions of rupees and criminal cases in which persons sentenced to death facing gallows under untold agony and persons sentenced to life imprisonment and kept in incarceration for long years, persons suffering from undue delay in service matters, Government or private, persons awaiting the disposal of case... ... ... etc. etc. are all standing in a long serpentine queue for years with the fond hope of getting into the Courts and having their grievances redressed, the busybodies, meddlesome interlopers, wayfarers or officious interveners having absolutely no public interest except for personal gain or private profit either of themselves or as proxy of others or for any other extraneous motivation or for glare of publicity break the queue muffing their faces by wearing the mask of public interest litigation and get into the Courts by filing vexatious and frivolous petitions and thus criminally waste the valuable time of the Courts, as a result of which the queue standing outside the doors of the Courts never moves, which piquant situation creates Page 52 of 54 frustration in the minds of the genuine litigants and resultantly they lose faith in the administration of our judicial system..........."
Emphasis supplied
29. Therefore, the Commission counsels the Appellant not to file repetitive similar RTI Applications which is against the spirit of RTI Act and clogging the valuable time and resources of the Public Authorities. In this regard, the Commission invites attention of the parties towards a judgement of the Hon'ble High Court of Kolkata in a case titled Biplab Kumar Chowdhury v. The State of West Bengal & Ors. WPA 3116 of 2022 wherein it was held as under -
"...It appears from the documents annexed to the writ petition that the petitioner's ploy is to collect information under the Right to Information Act and thereafter use the said information to harass the private parties as well as the Municipality for unlawful gain. The conduct of the petitioner appears to be plainly harrassive and mala fide.
The averments and allegations made in the writ petition remains unsubstantiated. The writ petition is an abuse of the process of law and liable to be dismissed with costs.
The writ petition is accordingly dismissed with costs of Rs. 25,000/- (twenty-five thousand) only to be paid by the petitioner in the office of the West Bengal State Legal Services Authority within September 30, 2022..."
30. Hence, the Appellant is advised to make judicious use of his Right to Information in future.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत सYािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Page 53 of 54 Ministry of Environment & Forests & Climate Change, IA Division, Indira Paryavaran Bhawan, 3rd Floor, Vayu Wing, Jor bagh Road, New Delhi - 110003 Page 54 of 54 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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