Jharkhand High Court tough stance on PESA rules, bans mine allotment, order dept secy physical appearance

Ranchi: The Jharkhand High Court has once again taken a firm stance on the state government for not implementing the Panchayati Raj (Extension to Scheduled Areas) Act, 1996.

During the hearing on Wednesday, the court clearly directed that the ban on mining allocations in the state will continue until the PESA rules are finalized. The next hearing in the case has been scheduled for October 9th, and the court has directed Manoj Kumar, Secretary of the Panchayati Raj Department, to appear in person.

The division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar expressed displeasure with the government’s attitude during the hearing, stating, “We just keep giving orders and the government keeps listening; this won’t work.” The court clearly instructed the government to prepare and present the PESA rules before the next hearing.

The court also stated that the intervention petition filed in the previous hearing to lift the ban on allotment after the auction of sand ghats had been accepted, but the ban on allocation of minor minerals will not be lifted until the PESA rules are enacted. The court verbally stated that if the rules are implemented, the court will pass appropriate orders.

In this contempt petition filed by the Adivasi Intellectual Forum, the petitioners were represented by Senior Advocate Ajit Kumar, while the state government was represented by Advocate General Rajiv Ranjan and Additional Advocate General Jai Prakash. Secretary Manoj Kumar informed the court that the draft rules have been prepared and sent to the Cabinet.