Rare minerals: India

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Exploration by private parties

Policy and court directions: 2010, 2019

May 8, 2019: The Times of India

Govt moves SC to prevent atomic minerals mining by private companies NEW DELHI: The Centre on Tuesday rushed to the Supreme Court challenging a Delhi high court order which had directed the government to execute exploration licences of atomic and rare mineral bearing blocks granted to private parties despite a policy decision not to allow private players to explore such minerals.

In June 2010, the UPA government had allowed private parties to undertake exploration of 62 offshore blocks having atomic and rare mineral deposits. But noticing large-scale irregularities by several private firms, which had the same directors and were registered just days apart, the government ordered a CBI probe.

The Centre took a policy decision in 2016 "not to auction atomic and rare mineral bearing blocks in question, either for exploration or for production, to private parties, but considering the nature and strategic importance in defence requirements, to mine only through governmental agencies in consultation with Department of Atomic Energy".

Following the policy decision, the Indian Bureau of Mines cancelled its June 7, 2010, order shortlisting 16 private applicants, who had responded to the offer for exploration of offshore blocks bearing atomic and rare minerals. Some of these shortlisted private firms challenged this in the Delhi HC, which on April 25 upheld a single judge bench's order and directed the Centre to execute the exploration licences with the private firms within two weeks.

In the appeal before the SC, the Centre said, "Shocking facts of the present case is that five companies, which applied for grant of exploration licence under the notification of June 7, 2010, had a common director and were registered after the date of notification, that is June 7, 2010, inviting applications for grant of exploration licences... whole process of selection by the screening committee and the subsequent letter for grant of exploration licences on April 5, 2011, lacked transparency and due diligence."