The Panchayati Raj Institutions (PRI) and the State Government seem to be standing opposite to each other on the issue of sand mining rights to outside agency. While the government appears to be indifferent the PRIs deem the state government’s decision with regard to awarding the mining rights to an outside agency as an act in contravention to the provisions of Panchayat Extension to Scheduled Area, (PESA) 1996 and protest worthy.
The PESA act of 1996 says, “The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be made
mandatory prior to the grant of prospecting license or mining lease for minor minerals in the Scheduled Areas.”
The State government not only failed to obtain recommendations of the concerned Panchayats but also reduced the elected representatives to mere spectator in the entire auctioning process for balu-ghats, said a Mukhiya.
“Government officials never sought any recommendation from us about the auction process. We approached the concerned officials so many times but to no avail,” said Mukhiya of Hilabe Panchayat in Godda, Durga Devi.
Circumventing the provisions of the PESA Act with regard to mining lease of minor mineral is likely have a long term impact on development works especially at Panchayat level. The fear of purported setback to development projects stems out from the decontrolled pricing of sand once the mining operations start at
balu-ghats.
“The government has no right over the resources once it grants the right to a lessee. So you can imaging the kind of rates one will be forced to pay by these agencies. Development works are bound to hit badly due to overpricing of sand,” added Devi.
Furthermore, the PESA Act stipulates, “Prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be made mandatory for the grant of concession for the exploitation of the minor minerals
by auction.”
Irked by the snub at the hands of the government the PRIs are likely to knock at the door of Chief Minister (CM) Hemant Soren on the issue and moving the court if the matter is not resolved as per the act and aspirations of the elected representatives of grass-root democracy.
“People from my area will meet the CM however options for approaching the court are open,” maintained Mukhiya of Purana Dumka, R K Baski adding, “While the government talks about the Constitution on jal, jangal and jameen it has maintained a silence on balu-ghats.”
Incidentally, mining in Santhal region is said to have been suspended due to widespread protest by members of gram-sabha and PRIs. “Mining operations have been suspended because of our protest,” claimed Devi.
Significantly, the anti-government protest is slowly spreading to other parts of the State due to encroachment on the rights of the Panchayats granted under the act.
“There is no other way to stop this. People are agitated over the manner in which mining lease have been awarded,” said Mukhiya of Nawadih panchyat, Vivek Malto.