The Jharkhand High Court on Wednesday rejected the state government’s plea to vacate the stay on allocation of sand ghats, reiterating that no such allocation can take place until the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) Rules are notified.
A division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was hearing a contempt petition filed by the Adivasi Buddhijivi Manch against the state administration for failing to comply with its 2024 direction to notify PESA Rules. The rules would empower gram sabhas in Scheduled Areas to regulate and control local resources, including minor minerals like sand.
Appearing for the state, Advocate General Rajiv Ranjan urged the bench to lift the stay imposed on September 9, arguing that the framing of rules required Cabinet approval and that a draft had already been forwarded to the Chief Minister. He further submitted that the government was in the process of auctioning sand ghats and mines.
The bench, however, refused to accede, observing that until the PESA Rules are notified, there will be no allocation of sand ghats. The court also directed the petitioner to respond to the government’s submissions.
The contempt plea filed by the Adivasi Buddhijivi Manch highlighted the government’s delay in implementing the 2024 order, which had directed notification of PESA Rules prior to auctioning sand ghats or granting mining certificates for minor minerals. Panchayat Raj Secretary Manoj Kumar was present during the proceedings.
The High Court had earlier, on July 29, 2024, directed the state to ensure implementation of the Rules before initiating any auction process. Wednesday’s order makes clear that the administration cannot bypass this directive.
The PESA Act, 1996, extends provisions of the Panchayati Raj system to Scheduled Areas, recognising the rights of tribal communities over natural resources. While in force nationally, Jharkhand has yet to implement it due to the absence of state-specific rules.
The ruling is seen as a significant push for tribal self-governance and a setback to the government’s plans to expedite resource allocation without gram sabha control.
