Article 297 of CoI : Article 297: Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.

CoI

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Explanation using Example

Example 1:

Scenario: A foreign company discovers a large deposit of natural gas within the exclusive economic zone (EEZ) of India, approximately 150 nautical miles off the coast of Gujarat.

Application of Article 297: According to Article 297, any natural resources found within the EEZ of India belong to the Union. Therefore, the foreign company cannot claim ownership of the natural gas deposit. Instead, they must enter into an agreement with the Indian government, which has the exclusive right to exploit these resources. The Union government may grant the company a license or lease to extract the natural gas, subject to Indian laws and regulations.

Example 2:

Scenario: An Indian fisherman finds a sunken ship with valuable artifacts within the territorial waters of India, about 10 nautical miles off the coast of Tamil Nadu.

Application of Article 297: Under Article 297, any valuable items found within the territorial waters of India belong to the Union. The fisherman cannot claim ownership of the artifacts. Instead, he must report the find to the appropriate authorities. The Union government will then decide how to handle the artifacts, which may involve recovering and preserving them in a national museum or auctioning them off, with the proceeds going to the Union.

Example 3:

Scenario: An Indian company wants to set up an offshore wind farm on the continental shelf, 50 nautical miles off the coast of Maharashtra.

Application of Article 297: Since the continental shelf is under the jurisdiction of the Union, the Indian company must obtain permission from the Union government to set up the offshore wind farm. The Union government will assess the proposal and may grant a lease or license for the project, ensuring that it complies with national regulations and serves the interests of the Union.

Example 4:

Scenario: A marine biologist discovers a new species of fish within the exclusive economic zone of India, 200 nautical miles off the coast of Kerala.

Application of Article 297: The discovery of the new species falls under the resources of the exclusive economic zone, which are vested in the Union. The marine biologist must report the discovery to the Union government. The government may then decide on the appropriate measures to protect and study the new species, potentially involving research grants or conservation efforts.

Example 5:

Scenario: A treasure hunting expedition finds a chest of gold coins on the seabed within the continental shelf of India, 70 nautical miles off the coast of Andhra Pradesh.

Application of Article 297: The chest of gold coins is considered a valuable item found within the continental shelf, which belongs to the Union. The treasure hunters must report their find to the Union government. The government will then take possession of the gold coins and decide on their disposition, which could include adding them to the national treasury or displaying them in a museum.

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