Jharkhand High Court Upholds Stay on Sand Ghat Allocation Amid PESA Rules Delay

The Jharkhand High Court rejected the state government's plea to vacate the stay on sand ghat allocation due to the pending promulgation of PESA Rules. This act, key to empowering tribal communities in Scheduled Areas, remains unenforced pending finalization by the Cabinet. The court emphasized no allocations until compliance.

The Jharkhand High Court has dismissed the state government's petition to lift the hold on sand ghat allocations, insisting on the necessary implementation of the PESA Rules. These rules, under the Panchayats Extension to Scheduled Areas Act, are vital for empowering tribal communities by granting control over local resources.

The court has repeatedly stressed the need for these rules, which were enacted nationally in 1996 yet remain unenforced in Jharkhand, to be in place before any sand or mining allocations proceed. Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar highlighted the state's failure to comply with previous directions.

The state, represented by Advocate General Rajiv Ranjan, argued the rules are with the Cabinet. However, the court maintained that allocation cannot occur until the rules are notified. The case remains ongoing as further responses are expected.

(With inputs from agencies.)