Jharkhand HC refuses to lift sand mining ban, asks govt to notify PESA rules first

Ranchi, Sep 24 (IANS) The Jharkhand High Court has made it clear that the ban on the auction and allotment of sand ghats and other minor minerals in the state will not be lifted until the state government notifies the rules under the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA).

A bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar, while hearing a petition on Wednesday, rejected the government’s plea to lift the ban.

It observed that the government has failed to discharge its responsibility of framing and notifying the PESA rules, despite repeated directions.

"You notify the rules, and only after that will we allow the auction," the Chief Justice remarked.

The court, however, accepted the state government’s intervention petition seeking vacation of the stay on the auction of sand ghats and issued notice to the original petitioner. The next hearing in the case is scheduled for October 9.

Advocate General Rajiv Ranjan informed the court that a draft of the PESA rules has already been prepared and comments have been sought from various departments.

He said once these are received, the draft will be placed before the Cabinet, and the rules will be notified within a month.

The court, however, pressed the government on why certain departments failed to submit their comments within the stipulated time, and noted that its main concern was not the drafting process but the final notification and implementation of the rules.

On September 9, while hearing a contempt petition filed by the Adivasi Intellectual Forum, the High Court had imposed a ban on the auction of all minor minerals, including sand ghats, until PESA rules were framed and notified.

At that hearing, the bench had also expressed unhappiness with the explanation given by the Panchayati Raj Department's Principal Secretary Manoj Kumar.

The court had remarked that the government was undermining the intent of the 73rd Constitutional Amendment, under which local bodies in Scheduled Areas must have rights over land and natural resources. It accused the government of deliberately delaying the notification of PESA rules.

In fact, in July 2024, the High Court had directed the state government to frame and notify the rules within two months while hearing a PIL. The court had stressed that the rules should be in line with the objectives of the 73rd Amendment and the provisions of the PESA Act.

The Adivasi Intellectual Forum has since moved a contempt petition against the government for non-compliance with that order.

The PESA law was enacted by Parliament in 1996 following the 73rd Constitutional Amendment, which extends the Panchayat Raj system to scheduled areas, giving special powers to gram sabhas over land and minor minerals.

--IANS

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