The Jharkhand High Court has stayed the auction of sand ghats and the issuance of mining leases for minor minerals, citing non-compliance with the Panchayat Extension of Scheduled Areas (PESA) Rules. The ruling came on Tuesday following a contempt petition filed by the Adiwasi Buddhijeevi Manch, which highlighted that the government had failed to implement a previous court directive regarding the distribution of natural resources in scheduled areas.
The division bench, comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar, emphasized the constitutional mandate that natural resources and land in areas dominated by scheduled tribes must be managed through local bodies. The court also directed that no new auctions or mining lease approvals should proceed until full compliance with PESA rules is ensured.
The contempt petition referenced an earlier high court order dated July 29, 2024, which instructed the state government to implement PESA rules before conducting any auctions of sand ghats or issuing certificates for other minor mineral mining. With the government failing to adhere to the order, the Adiwasi Buddhijeevi Manch moved the court to seek enforcement through contempt proceedings.
Panchayati Raj department principal secretary Manoj Kumar appeared before the court and informed the bench that the implementation of PESA rules is still pending with the state cabinet and the office of the Chief Minister. The court rebuked the department for attempting to attribute the delay to higher authorities and clarified that departmental responsibility cannot be deferred.
The High Court’s decision underscores the importance of involving local governance bodies in the management of natural resources in tribal-dominated areas. PESA, enacted in 1996, extends the provisions of the Panchayati Raj system to scheduled areas, empowering gram sabhas and panchayats to manage minor minerals, forest produce, and other natural resources in a manner that protects tribal rights.
According to the court, proper enforcement of PESA rules is necessary to ensure that local communities benefit from resource management, and to prevent exploitation by private or state actors. The stay order aims to uphold these principles until the government finalizes and enforces the required measures.
The matter has been scheduled for a fresh hearing after a fortnight. Legal observers note that the High Court’s intervention reflects growing judicial attention to environmental governance and tribal rights in Jharkhand. By ensuring adherence to PESA rules, the court is aiming to establish a transparent and constitutionally compliant framework for resource allocation in scheduled areas.
The stay has immediate implications for contractors and businesses eyeing sand mining and other minor mineral projects in the state. Until the government confirms compliance with PESA rules, no new auctions or lease certificates will be issued. This ruling also sets a precedent for closer judicial scrutiny of natural resource management in other states with tribal populations.
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