Ranchi — The Jharkhand High Court has declined the state government’s request to lift the stay on the allocation of sand ghats and other minor mineral areas across the state.
A division bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar, while hearing a contempt petition, reaffirmed that the ban will continue until the state government officially notifies rules under the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA).
During the hearing, Advocate General Rajiv Ranjan informed the court that the draft PESA rules had been circulated among 17 departments for feedback, but five departments had yet to respond. Once their comments are received, the proposal will be forwarded to the Cabinet for approval and subsequent implementation, he said.
Seeking additional time to complete the process, the state requested the court to lift the ban temporarily. However, the bench refused, maintaining the interim order restricting all sand and minor mineral leases. The next hearing in the case is scheduled for October 30.
Principal Secretary of the Panchayati Raj Department, Manoj Kumar, attended the hearing as directed by the court.
Earlier, on September 9, while hearing a contempt plea filed by the Adivasi Intellectual Forum, the High Court had prohibited the state from issuing leases for any type of minor mineral, including sand ghats, until the PESA rules are notified.
The court observed that the state’s delay undermines the 73rd Constitutional Amendment, which grants local bodies in Scheduled Areas the authority to manage land and natural resources. Despite repeated directions, the government has yet to comply.
Back in July 2024, during a public interest litigation, the court had directed the state to notify PESA rules within two months. The Adivasi Intellectual Forum later filed a contempt petition, citing non-compliance with this directive.
With inputs from IANS