No PESA Rules, No Mining: HC Upholds Mining Ban in Jharkhand

The Jharkhand High Court has refused to lift the ban on allotments of sand and minor minerals in scheduled areas, citing the government’s failure to notify PESA (Panchayats Extension to Scheduled Areas) rules.

During the hearing of a contempt petition filed by the Adivasi Buddhi-Jeevi Manch, a division bench led by Chief Justice Tarlok Singh Chauhan expressed strong displeasure at the state government’s inaction. Addressing 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.”

Victor Malto, coordinator of the petitioner group, confirmed the court’s remarks. Advocate Dheeraj Kumar noted that Panchayati Raj Department Principal Secretary Manoj Kumar Sah was present during the proceedings. A detailed hearing has been scheduled for October 9.

The court had earlier, on September 9, ordered a halt on sand and minor mineral mine allotments in scheduled areas until the PESA rules were formally notified. The bench stressed that over 13 months have already been given to the government for compliance and directed that the matter be placed before the cabinet within two weeks to ensure enforcement.

Highlighting previous delays, the court recalled its July 29, 2024 order directing notification of the rules. Secretary Manoj Kumar was told that “our orders have not been implemented. We are only ensuring constitutional mandates are followed.”

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