J’khand HC refuses to vacate stay on sand ghats allocation as govt yet to frame PESA rules

Ranchi, Sep 24 (PTI) The Jharkhand High Court on Wednesday rejected a petition by the state government to vacate the stay on allocation of sand ghats, as the administration is yet to comply with its direction on promulgation of PESA Rules.

The Panchayats (Extension to Scheduled Areas) Act, commonly known as the PESA Act, which was enacted across the country in 1996, recognises the rights of tribal communities in Scheduled Areas. It is, however, yet to be enforced in the state as rules are not framed.

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 not obeying a 2024 court order to notify PESA rules, which would grant powers to gram sabhas to control resources in scheduled areas.

Representing the state government, Advocate General Rajiv Ranjan pleaded that the stay on the allocation of sand ghats on September 9 be lifted.

Ranjan submitted that framing of rules has to be exercised by the Cabinet, and a draft had already been forwarded to the chief minister.

The bench did not accede to the request and observed that that there will be no allocation of sand ghats till there are no PESA rules.

When the advocate general insisted on lifting the stay, stating that the state government was in the process of auctioning sand ghats and mines, the court directed the petitioner to file a reply on that.

Panchayat Raj Secretary Manoj Kumar was also present in court.

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

The High Court had earlier 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. PTI CORR NAM NN