Will the Jharkhand HC Lift the Ban on Sand Mining?
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Synopsis
In a decisive ruling, the Jharkhand High Court has maintained the ban on sand ghats auction until the government enforces PESA rules. This decision underscores the court’s commitment to local governance rights, which could reshape the future of sand mining in the state.
Key Takeaways
- The Jharkhand High Court has upheld the ban on sand mining auctions.
- The ban remains until PESA rules are notified by the state government.
- Local governance rights are central to the court's ruling.
- PESA rules are critical for managing natural resources in scheduled areas.
- The next court hearing is on October 9.
Ranchi, Sep 24 (NationPress) The Jharkhand High Court has firmly stated that the ban on the auction and distribution of sand ghats, along with other minor minerals in the state, will remain in effect until the government publishes the rules mandated by the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA).
A bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar, during a hearing on Wednesday, denied the government’s request to lift the ban.
The court noted that the government has not fulfilled its obligation to draft and announce the PESA rules, despite numerous directives.
“You must notify the rules, and only then will we permit the auction,” remarked the Chief Justice.
However, the court agreed to the state government’s plea to lift the stay on the auction of sand ghats and issued a notice to the original petitioner. The next hearing is set for October 9.
Advocate General Rajiv Ranjan informed the court that a draft of the PESA rules is already prepared and feedback has been solicited from various departments.
He added that once the comments are received, the draft will be presented to the Cabinet, and the rules will be announced within a month.
The court pressed the government on why certain departments failed to submit their feedback within the designated timeframe, emphasizing that its primary concern was not merely the drafting process but the ultimate notification and execution of the rules.
On September 9, while addressing a contempt petition from the Adivasi Intellectual Forum, the High Court had imposed a ban on the auction of all minor minerals, including sand ghats, until the PESA rules are established and publicized.
At that session, the bench expressed dissatisfaction with the explanation provided by the Panchayati Raj Department's Principal Secretary, Manoj Kumar.
The court remarked that the government was compromising the intent of the 73rd Constitutional Amendment, which stipulates that local bodies in Scheduled Areas must possess rights over land and natural resources. It accused the government of intentionally delaying the notification of PESA rules.
In fact, in July 2024, the High Court directed the state government to formulate and notify the rules within two months while reviewing a PIL. The court emphasized that these rules should align with the objectives of the 73rd Amendment and the provisions of the PESA Act.
Since then, the Adivasi Intellectual Forum has filed a contempt petition against the government for failing to comply with that directive.
The PESA law was enacted by Parliament in 1996 following the 73rd Constitutional Amendment, which extends the Panchayat Raj system to scheduled areas, granting special authority to gram sabhas over land and minor minerals.
Point of View
The ruling by the Jharkhand High Court highlights a critical issue regarding local governance and the rights of communities over their natural resources. The insistence on notifying PESA rules before any mining activities can proceed emphasizes the importance of legal frameworks that empower local bodies, ensuring their authority in managing land and resources effectively. This ruling aligns with the principles of the 73rd Constitutional Amendment, reinforcing the need for compliance and respect for local governance.
NationPress
10/11/2025
Frequently Asked Questions
What is the reason for the sand mining ban?
The sand mining ban was imposed because the Jharkhand High Court determined that the state government must notify the rules under the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA) before any auction can take place.
When is the next hearing regarding the sand mining ban?
The next hearing in this case is scheduled for October 9.
What has the Advocate General stated about the PESA rules?
Advocate General Rajiv Ranjan stated that a draft of the PESA rules has been prepared and that feedback from various departments has been sought.
What is the significance of the PESA Act?
The PESA Act was enacted to extend the Panchayat Raj system to scheduled areas, granting special powers to local gram sabhas over land and minor minerals.
What is the 73rd Constitutional Amendment?
The 73rd Constitutional Amendment provides a framework for local self-governance in rural areas, ensuring that local bodies have rights over natural resources.
