The Jharkhand High Court on Tuesday directed the state government to suspend the auction of minor mineral mines, including sand ghats, in Scheduled Tribal Areas until the Panchayats (Extension to Scheduled Areas) Act (PESA) Rules are formally notified.
A division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar passed the order while hearing a contempt petition filed by the Adivasi Buddhiwadi Manch.
Petitioners argued that despite constitutional provisions, the State had been pushing auctions and long-term leases of sand quarries even before empowering Gram Sabhas through the PESA framework.
Senior lawyer Ajit Kumar, appearing for the petitioners, submitted that delays in notifying the rules would strip tribal communities of their rightful role in managing natural resources.
The court agreed with this contention, restraining the state from proceeding further until compliance is ensured.
The matter also intersects with a recent Supreme Court ruling that makes replenishment studies mandatory before granting leases or conducting sand ghat auctions.
These studies determine how much sand is naturally replenished in riverbeds each year, a measure aimed at preventing over-extraction and ecological damage.
Despite the apex court’s directive, the Jharkhand government had instructed Deputy Commissioners to initiate auctions, raising concerns about both environmental safeguards and tribal rights.
The High Court observed that such actions undermined the 73rd Constitutional Amendment, which guarantees Gram Sabhas in Scheduled Areas control over local land and resources.
The state government sought four weeks’ time to frame the rules, but the bench allowed only two. The court fixed the next hearing after this period, directing the government to demonstrate tangible progress toward compliance.
For now, all proposed auctions and lease allocations remain on hold, offering a breather to tribal communities awaiting their say in the governance of local resources.
Also read: After govt apathy, villagers build road diversion in Jharkhand
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