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Jharkhand HC Keeps Ban on Sand and Minor-Mineral Allotments, Demands PESA Rules First

The contempt case stems from a Gumla auction notice that the bench said underscored non-compliance with its 2024 directive.

Overview

  • Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar refused to modify their 9 September order halting auctions and allotments of sand ghats and minor minerals statewide.
  • The bench said allocations cannot proceed and gram sabha approvals carry no legal weight until Jharkhand frames and officially notifies PESA rules.
  • A 1 September government advertisement to allot 18 mining sites in Gumla was placed on record by the petitioners, triggering the court’s heightened scrutiny.
  • Advocate General Rajiv Ranjan told the court a draft of the rules has been forwarded to the cabinet and indicated they could be finalised within about a month after departmental inputs.
  • The court issued notice to the petitioner NGO and listed the matter for 9 October, maintaining the stay and rebuking the state for delays since its July 2024 order to notify the rules.