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―31. We may take note of the fact that the CRZ
notification dated 06.01.2011 specifically
carves out an exception permitting mining of
rare minerals not found elsewhere outside the
CRZ areas. In fact, Clause 4(ii)(g) which
provides for permissible activities within the
CRZ reflects that mining of rare minerals is
allowed. We may also take note of the fact that
the applications for grant of exploration licence
were made for seeking permission to explore
the availability of, amongst others, of minerals
as are mentioned in the First Schedule of
OAMDR Act including atomic minerals. That
being so, the entire basis of the impugned order
dated 30.06.2016, namely the alleged mining
within CRZ area not being permissible is
erroneous. In fact, the learned Single Judge in
para 81 of the impugned order holds that the
order dated 30.06.2016 amounts to putting the
cart before the horse inasmuch as unless and
until exploration is undertaken and the reports
disclose that there were no rare
minerals/atomic minerals within the blocks
granted, the alleged reasoning pertaining to
prohibition on mining could not have been
arrived at. In fact in these appeals, there is no
challenge to the finding of the learned Single
Judge regarding the issue of complete
prohibition of mining in CRZ areas under the
notification dated 06.01.2011. As far as the
subsequent notification dated 06.10.2017 is
concerned, this amendment, in our considered
view, brings out further clarity on the rare
minerals which can be mined under the CRZ.
The amendment provides that atomic mineral
as notified under Part-B of the First Schedule
of the MMDR Act are permitted to be mined
within the CRZ, The minerals mentioned,
namely, ilmenite, rutile, zircon, etc. are
identified as atomic minerals in Part B of the
First Schedule to the MMDR Act. That being
so, if the aforesaid minerals are found during
exploration, there will be no impediment in
granting the production lease for the said
minerals as mining of the said minerals is
expressly provided now by the CRZ
notification. These facts were communicated by
the then Controller General, IBM and the
Administering Authority in his report vide e-
mail dated 24.01.2017 to the Ministry of Mines
by contending that in light of the CRZ
notification dated 06.10.2017 now exploration
license can be granted even for atomic
minerals. That apart, the clarification available
on record dated 09.02.2018 issued by the
Ministry of Environment, Forest and Climate
Change also clarifies that mining of rare
minerals was a permitted activity under the
C.RZ notification dated 06.01.2011 and
specified in Part B of the First Schedule to
MMDRAct.