HC Refuses to Lift Ban on Sand and Minor Mineral Allotments: Says No PESA Rules, No Mining

The Jharkhand High Court has expressed strong displeasure at the state government for failing to notify the PESA (Panchayats Extension to Scheduled Areas) rules, refusing to lift the ban on sand and minor mineral allotments in scheduled areas until the rules are formally issued.

During the hearing of a contempt petition filed by the Adivasi Buddhi-Jeevi Manch against the government’s delay, the division bench led by Chief Justice Tarlok Singh Chauhan criticised the state’s stance. Addressing the government’s counsel, Advocate General Rajiv Ranjan, the bench said, “We expected you to bring a copy of the rules. Notify the rules first; only then can we consider lifting the allocation ban.”

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The petitioner’s coordinator, Victor Malto, confirmed the court’s observations, while Advocate Dheeraj Kumar noted that Panchayati Raj Department Principal Secretary Manoj Kumar Sah attended the hearing in person. The bench has scheduled a detailed hearing for October 9.

The contempt petition follows the High Court’s order on September 9, which had directed a halt on allotments of sand and minor mineral mines in scheduled areas until the PESA rules were notified. The bench emphasised that the state has already been given over 13 months to comply and must now place the matter before the cabinet within two weeks to ensure enforcement.

The High Court had earlier flagged its displeasure over the delay. On July 29, 2024, it had ordered the government to notify the PESA rules. In response to the petitioner’s contempt notice, the bench told Secretary Manoj Kumar that “our orders have not been implemented. This is not about us; we are only ensuring constitutional mandates are upheld.”

The petitioners’ lawyers, including Abhishek Rai, Gyanant Singh, and senior advocate Ajit Kumar, claimed the notification delay appeared deliberate, raising concerns about the state’s commitment to empowering gram sabhas in resource management.