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| Last Updated:04/12/2015

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CIC orders disclosure of mining lease details and file inspection

 

NEW DELHI | Dec 04, 2015: Transparency watchdog Central Information Commission (CIC) has directed the Indian Bureau of Mines to disclose the plans submitted by private entities seeking mining lease.

 

The order was passed on an appeal filed by D Dhaya Devadas that divulging mining plans is in the interest of the public. Devadas alleged that officers do not inspect the area before granting mining lease and that there isn't sufficient staff to monitor mining operations and ensure that it is not being done outside the leased area.

 

"If information regarding details of the lease, etc, is provided on the website, the public can monitor the procedure followed in granting a lease. The public can also monitor as to how mining is done and whether the same is carried out in accordance with the instruction of the government," Devadas said in his petition. A full bench of CIC, comprising recently-retired chief information commissioner Vijai Sharma and information commissioners M Sridhar Acharyulu and Yashovardhan Azad, acknowledged that public interest overrode aspects of commercial confidence and third-party interest.

 

"This Commission recognises the perspective brought out on public interest during the course of the hearing. The appellants had underlined convincingly the dimensions of public interest overriding the commercial confidence and thirdparty interest in disclosing the requested information," the bench said in its order. The Indian Bureau of Mines had refused to divulge information saying that certain parts of the mining plan include details about finances, flow of funds, share of partners, etc, which can be said to comprise the private information relating to commercial confidence of the third party.

 

However, the commission ordered the bureau to divulge required information and allow file inspection to the appellant except the exploration reports. "The appellants have emphasised the need for disclosing the requested information. In so far as the information sought from the IBM is concerned, we agree with the appellants that (i) the disclosure of the requested information is in public interest..., the commission ruled.

 

 

(Source: http://economictimes.indiatimes.com/)