Jharkhand High Court Clears Path for Sand Mining After PESA Rules Implementation
The Jharkhand High Court removed a major obstacle for sand mining operations in the state on Tuesday. A division bench lifted its previous stay on the allocation of sand ghats, effectively ending a ban that had been in place since last September.
Court Disposes Contempt Petition
Chief Justice Mahesh Sharadchandra Sonak and Justice Sujit Narayan Prasad presided over the hearing. They considered a contempt petition filed by the Adiwasi Buddhijivi Manch. This tribal organization had challenged the state government's failure to implement the Panchayat Extension of Scheduled Areas Rules.
The state government presented crucial information during the proceedings. Officials confirmed that the cabinet had approved the PESA Rules in December of last year. With these rules now officially enforced, the court found no reason to continue the contempt proceedings.
Long-Standing Tribal Rights Issue
The PESA Act originated in 1996 as a central government initiative. It aims to protect the rights of tribal communities living in scheduled areas. Despite this legislation, implementation remained inconsistent for decades.
Jharkhand inherited this problem after its formation in 2000. The state previously existed as part of Bihar, where no rules were ever implemented. Draft versions appeared in 2019 and again in 2023, but proper enforcement never materialized.
The Adiwasi Buddhijivi Manch pursued legal action to address this gap. They filed a public interest litigation demanding proper implementation. Their goal centered on ensuring natural resource management through scheduled area bodies.
Legal Timeline and Implications
The High Court had issued specific directions earlier. On July 29, 2024, justices ordered the government to implement PESA Rules before proceeding with sand ghat auctions. They also required implementation before issuing mining certificates for other minor minerals.
When the government failed to comply with this order, the Manch filed their contempt application. This legal pressure ultimately contributed to the rules being finalized and approved.
With the stay now vacated, sand mining operations can resume across Jharkhand. The allocation process for sand ghats will proceed under the new regulatory framework. This development represents a significant step toward balancing resource extraction with tribal rights protection.
The court's decision brings closure to a prolonged legal battle. It establishes clearer guidelines for natural resource management in tribal areas. Both mining interests and tribal communities will operate under the newly implemented PESA Rules moving forward.
