Government Ownership of Mineral Rights
In India, mineral rights are generally owned by the State or Central Government, regardless of who owns the surface land. This is governed under:
- The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act)
- State-specific mining policies and revenue codes
Private landowners do not automatically gain rights to extract or sell minerals like coal, limestone, iron ore, or natural gas beneath their land. Any such extraction requires mining leases or licenses from government authorities.
Surface Landowner’s Rights Over Limited Resources
The landowner may have limited control over certain non-mineral subsoil resources or quarryable materials such as:
- Clay, gravel, murum, and sand (if permitted by local laws)
- Use of groundwater for industrial or agricultural purposes (subject to regulation)
However, even these uses may be subject to permits from the pollution control board, groundwater authority, or district collector.
Air Rights Above the Property
Air rights, or the right to build vertically above the land, belong to the legal titleholder, subject to:
- FAR (Floor Area Ratio) or FSI (Floor Space Index) restrictions
- Height limits imposed by municipal building bye-laws, airport safety zones, or fire regulations
- Restrictions from zoning overlays or master plan reservations
Ownership of air rights enables the landowner to develop multistory industrial sheds, warehouses, or vertical facilities, but always within the framework of local development control regulations.