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Jharkhand HC Halts Minor-Mineral Auctions Until PESA Rules Are Notified

The stay follows a contempt plea that cited a Gumla auction notice issued before gram sabha powers were set in rules.

Overview

  • A bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar ordered a statewide freeze on granting and auctioning minor-mineral licences and listed the matter for further hearing in two weeks.
  • The court acted during contempt proceedings over the state’s non-compliance with a July 2024 directive to frame and notify PESA rules.
  • Petitioners presented a 1 September notice to allot 18 mining sites in Gumla with applications invited 3–10 September and allotments slated for 15 September, which the bench viewed as frustrating PESA’s mandate.
  • The judges told the Panchayat Raj secretary they were enforcing a constitutional requirement and declined the state’s request for four additional weeks.
  • Politically, BJP leader Raghubar Das alleged deliberate delay, revenue losses and sought a CBI probe into sand auctions, while the JMM said the rules are in finalisation and affirmed its commitment to tribal rights.