Jharkhand HC keeps sand mining ban, insists on PESA rules first

Ranchi — The Jharkhand High Court on Wednesday refused to lift its stay on sand mining and other minor mineral auctions, making it clear that the prohibition will remain until the state government notifies rules under the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA).

A division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar turned down the government’s request to vacate the ban, stressing that the state has repeatedly failed to fulfil its responsibility of framing and notifying PESA rules.

“You notify the rules, and only after that will we allow the auction,” the Chief Justice observed during the hearing.

The court did accept an intervention petition from the state seeking to vacate the stay and issued notice to the original petitioner. The matter will next be heard on October 9.

Despite being told that a draft of the rules is ready and inter-departmental comments are being collected, the court expressed concern over the government’s delays. It noted that the real issue was not drafting but final notification and enforcement.

With inputs from IANS