- By Akansha Pandey
- Tue, 09 Sep 2025 05:51 PM (IST)
- Source:Jagran News Network
In a major move, the Jharkhand High Court has ordered an immediate stop to the auction of sand mining blocks in the state. The court made this decision while hearing a petition that accused the government of not following the PESA Act. The High Court has demanded an explanation from the state government, asking why its previous orders on this matter have not been followed yet.
The whole dispute is about the rights of tribal communities over the auction of natural resources in their areas and their right to local self-governance. Under the Fifth Schedule of the Constitution, a special law called the PESA Act (Panchayat Extension to Scheduled Areas Act, 1996) must be enforced in these tribal regions. This law gives special powers to local village councils (Gram Sabhas) to control and manage natural resources like minerals and sand.
The petition argued that the Jharkhand government has not fully implemented the PESA law and, despite this, went ahead with the auction process for sand blocks without getting permission from the village councils.
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During the hearing, the bench headed by the Chief Justice expressed deep displeasure. The court made it clear that no auction of sand blocks can take place until the government follows the proper procedure laid out in the PESA Act. The court also questioned the government about the delay in implementing the PESA law and why its earlier instructions were ignored.
It's important to note that there was already a lot of anger among tribal communities and social activists regarding these auctions. Village councils in many districts had already passed resolutions protesting the auctions. Local organizations believe that these auctions are a direct violation of tribal rights.
The court has now set a date for the next hearing and has ordered the government to provide a solid explanation. All eyes are now on what steps the state government will take to implement the PESA law and ensure the rights of the tribal communities are protected.