Jharkhand HC Maintains Ban on Sand and Minor Mineral Allocations Until PESA Rules Notified

Ranchi — The Jharkhand High Court has refused to lift its ban on sand ghat and minor mineral allocations, insisting that the state government must first issue the PESA (Panchayat Extension to Scheduled Areas) rules.

The division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar made it clear that the ban will remain until the government completes the legal process required under the 1996 PESA Act.

Advocate General Rajiv Ranjan told the court that feedback on the draft rules had been sought from 17 departments, but five are yet to reply. Once all comments are received, the rules will go to the Cabinet for approval.

The court, however, refused to relax its earlier order, saying no sand or minor mineral leases can be allotted for now. The next hearing will take place on October 30.

The Principal Secretary of the Panchayati Raj Department, Manoj Kumar, was present during the proceedings.

This issue dates back to September 9, when the court, acting on a contempt petition by the Adivasi Intellectual Forum, directed the state to halt all mineral leases until the PESA rules were finalized.

The court criticized the state for not honoring the 73rd Constitutional Amendment, which empowers local self-governments in tribal areas to manage natural resources. Despite earlier deadlines, the state has yet to issue the rules.

The Adivasi Intellectual Forum later approached the court again, accusing the government of ignoring its July 2024 order that required the rules to be finalized within two months.

With inputs from IANS