THE JHARKHAND STORY NETWORK
Ranchi, Sept 9: The Jharkhand High Court has restrained the state government from proceeding with the auction of minor mineral mines in Scheduled Tribal Areas until the notification of the PESA (Panchayats Extension to Scheduled Areas) Rules. The rules, once framed, will empower Gram Sabhas to make decisions on the use of local resources.
The order comes at a time when the state government has issued directions to Deputy Commissioners across districts to go ahead with the auction of sand ghats, despite the delay in notifying PESA rules.
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Government’s Inaction on PESA Rules
The delay in framing the rules has been a major concern. Petitioners argued that the government is deliberately dragging its feet, while simultaneously pushing for long-term auctions and leases of sand quarries. By the time the rules come into force, they warned, Gram Sabhas will have no say left in managing local resources.
The bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar, hearing a contempt petition filed by the Adivasi Buddhiwadi Manch, agreed with these concerns. The court directed that all auctions and lease allocations must remain on hold until the rules are notified. Senior lawyer Ajit Kumar appeared for the petitioner.
Supreme Court’s Replenishment Order
The issue also ties in with a recent Supreme Court directive, which made it mandatory for states to carry out replenishment studies before granting leases or holding auctions of sand ghats. The study is meant to assess the natural replenishment rate of sand in riverbeds to prevent over-extraction and environmental damage.
However, despite the apex court’s clear order, the Jharkhand government moved ahead with instructions to districts to auction sand ghats, raising questions about compliance with both the PESA framework and environmental safeguards.
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Court’s Observation
Expressing displeasure, the High Court said that the government’s actions undermine the 73rd Constitutional Amendment, which gives Scheduled Area Gram Sabhas rights over land and natural resources.
Rejecting the government’s request for four weeks, the court allowed only two weeks to take steps toward compliance and set the next hearing in the case.
