RANCHI: In a landmark decision, the Jharkhand High Court on Tuesday directed the state government to stop the auction of minor mineral mines in Scheduled Tribal Areas until the PESA (Panchayats Extension to Scheduled Areas) Rules are notified.
This ruling puts the ongoing auction process for sand quarries in various districts on hold. The bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar delivered the order.
The order follows a contempt petition filed by the tribal outfit -- Adivasi Buddhijivi Manch in the Jharkhand High Court, seeking action for the non-implementation of the July 29, 2024, order.
The court directed that until the PESA Rules are formally notified, all auctions and lease allocations of sand quarries and other minor mineral mines must be stopped.
During the hearing, the court also expressed displeasure saying that the state government is undermining the intent of the 73rd Constitutional Amendment, which provides local bodies in Scheduled Tribal Areas with rights over land and natural resources.
Lawyers Abhishek Rai, Gyanant Singh, and senior advocate Ajit Kumar, representing the petitioner, alleged that the state government is deliberately delaying the notification of the rules.
“The government is engaged in long-term auction and lease processes for sand quarries and other minor mineral mines, and by the time the rules are notified, Gram Sabhas will be left with no authority over these resources,” argued the petitioner’s advocate in the court.
Petitioner Victor Malto, convener of Adivasi Intellectual Forum, informed that during the hearing, when Principal Secretary of Panchayati Raj Department, Manoj Kumar, tried to put the responsibility on the Chief Minister and Cabinet Ministers, the court took a tough stand and said, “Do you want us to send the Chief Minister and his Ministers to jail? This is what you are suggesting.”
The High Court refused to grant four weeks’ time to the government and allowed only two weeks to comply.
The case will be heard after two weeks.