The State Govt., has no power to control beach minerals - It is with Central Government

Mining leases are granted under the provisions of MMDR Act. If it is major minerals, the lease should be granted in accordance with the rules framed by Govt., of India. If it is First Schedule Mineral for all the activities Central Govt., approval is required. Since at the time of grant of mining lease to VV Mineral, Ilmenite, Rutile etc., are First Schedule Mineral. Hence prior approval from Govt., of India have  been obtained by the State Government and Central Government imposed necessary conditions in terms of monazite which were complied by VV Mineral as well as other lessees. The State Govt., has the power to frame rule or notify policy only in terms of minor minerals such blue metal, granite stone, gravel sand etc., These beach minerals all are First Schedule Minerals and hence it comes under the Central Government control. Hence the State Govt., cannot even frame rule or policy for these First Schedule minerals.

According to section 5(2)(b) of MMDR Act, for grant of mining lease, a mining plan duly approved by Govt., of India is mandatory.  The above said mining plans will contain various details such as the method of processing and method of mining etc., in addition to the tentative production plan for first five years. The above quantity is only tentative and 20% variation will be permissible, if the variation is above 20%, then a modified mining plan to be obtained from Govt., of India.

The mining plans are prepared by the Recognized Qualified Persons (RQP) from the list approved by Govt., of India. The qualification and experience of the RQPs are given in Rule 22(C) of MC Rules, 1960 duly notified by Govt., of India. The mining plans prepared by the qualified RQPs are approved by Govt., of India under the provisions of MCDR, 1988. No powers have been delegated under the above said rules to any state government authority. The above powers are vested with Central Govt., authorities. Moreover since these all replenishable  beach placers, deposited due to wind and wave action, no one cannot calculate the exact quantity of the minerals deposited. The quantity may vary due to various factors. The above all details were given in the mining plan and approvals are obtained from Govt., of India.