Jharkhand HC stays auction of sand ghats for non-implementation of PESA Rules

Ranchi, Sep 9 (PTI) The Jharkhand High Court on Tuesday clamped a stay on the auction of sand ghats (banks) in the state for non-implementation of the Panchayat Extension of Scheduled Area (PESA) Rules by the government.

The issuance of a mining lease for minor minerals has also been stayed by the high court.

A division bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was hearing a contempt petition filed by the Adivasi Buddhijivi Manch for non-compliance of the earlier order of the high court directing the government to ensure implementation of the PESA Rules before executing the process of auction of sand ghats and issuance of certificates for mining other minor minerals across the state.

Panchayati Raj department principal secretary Manoj Kumar was present in the court.

Kumar informed the court that the decision on the implementation of PESA Rules is pending with the state cabinet and the office of the chief minister.

The court pulled up the secretary and observed that the department cannot put the blame on the cabinet or the chief minister.

It is the mandate of the Constitution that natural resources and land in areas dominated by scheduled tribes should be distributed through the local bodies, the bench observed.

The Adivasi Buddhijeevi Manch had filed a contempt petition for the implementation of the PESA Rules for proper division and auction of natural resources through scheduled area bodies.

The high court had on July 29, 2024, directed the government to ensure implementation of the Rules before initiating auction of sand ghats and issuing certificates of mining for other minor minerals.

As the government failed to implement the Rules in compliance with the order of the high court, the petitioner filed a contempt plea.

The matter will again be heard after a fortnight. PTI CORR NAM NN