RANCHI: The Jharkhand High Court has imposed a stay on the auction of sand ghats in the state due to the non-implementation of the Panchayat Extension of Scheduled Area (PESA) Rules. Additionally, the court has halted the issuance of mining leases for minor minerals.
A division bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar heard a contempt petition filed by the Adiwasi Buddhijeevi Manch, addressing the government’s failure to comply with a prior high court directive mandating the implementation of PESA Rules before proceeding with the auction of sand ghats and issuing mining certificates for other minor minerals across the state.
Principal Secretary of the Panchayati Raj Department, Manoj Kumar, appeared in court on Tuesday. He informed the judges that the decision on implementing PESA rules is pending with the state cabinet and the Chief Minister’s office. The court admonished Kumar, stating that the department cannot shift blame to the cabinet or the Chief Minister.
The bench emphasized that the Constitution mandates that natural resources and land in areas populated by scheduled tribes must be allocated through local bodies.
The Adiwasi Buddhijeevi Manch had previously filed this contempt petition to ensure PESA rules are properly applied for the equitable distribution and auctioning of natural resources by scheduled area bodies. On July 29, 2024, the high court had ordered the government to enforce these rules before commencing the auction of sand ghats and issuing certificates for mining minor minerals. Due to the government’s failure to comply with this order, the Adiwasi Buddhijeevi Manch submitted the contempt application. The court has scheduled the matter for another hearing in two weeks.
Panchayati Raj Department Principal Secretary Manoj Kumar reiterated that the decision on implementing PESA rules remains with the state cabinet and the Chief Minister’s office.
