8720/2020 JUDGMENT DATED: 05/08/2021
37 of the PESA Rules as regards the grant of permission for
extraction of minor minerals by auction ... Rule-37(2) of the
PESA Rules, the quarry lease in the Scheduled Area can only be
granted to the members of the Scheduled Tribes
Panchayats
(Extension to Scheduled Areas) Act, 1996 , hereinafter called as ' PESA Act '
Page 1 of 17
for brevity, by following the specific guidelines ... land to the displaced petitioners, without adhering to the
mandatory provisions of PESA Act . They also claim that the opposite parties
have not adhered
Scheduled Areas) Act, 1996 (hereinafter referred to as "the PESA Act ").
The actual planning and implementation on rehabilitation and
resettlement matter had been ... ORRP - 2006"). As per the provisions contained in
the PESA Act , the Sarpanch, Darlipali was requested to consult the
Gram Sabha for the purpose
which are known as the Andhra Pradesh Panchayats
Extension to Scheduled Areas (PESA) Rules, 2011. Rule 5 of the
PESA Rules deals with acquisition ... Rule
5 of PESA Rules was not followed by the Government, consequently,
acquisition proceedings are illegal, irregular and prayed to set aside
the notification issued
Panchayats (Extension to the Scheduled
Areas) Act, 1996 (for short 'PESA Act, 1996'). To put it briefly, the
case of the petitioner ... 2013 ORDER
Rural Development Department, that pursuant to the enactment of
the PESA Act, 1996, certain provisions of the Gujarat Panchayats
Act, 1993 were amended
direction upon the State to strictly follow the
mandate of the PESA Act, 1996 since the Panchayati Raj Act,
2001 has not been enacted strictly ... terms of the PESA Act,
1996.
4. The party in-person, namely, Emil Walter Kandulna in
W.P.(PIL) No.49 of 2021 has submitted
direction upon the State to strictly follow the
mandate of the PESA Act, 1996 since the Panchayati Raj Act,
2001 has not been enacted strictly ... terms of the PESA Act,
1996.
4. The party in-person, namely, Emil Walter Kandulna in
W.P.(PIL) No.49 of 2021 has submitted
direction upon the State to strictly follow the
mandate of the PESA Act, 1996 since the Panchayati Raj Act,
2001 has not been enacted strictly ... terms of the PESA Act,
1996.
4. The party in-person, namely, Emil Walter Kandulna in
W.P.(PIL) No.49 of 2021 has submitted
Jharkhand is
unconstitutional and void, being in violation of Article
243ZC(1) , PESA 1996 and the Fifth Schedule of the
Constitution;
(ii) Issue a writ ... with section 4(a) of
Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA
1996);
(c) Amend the Jharkhand Panchayat Raj Act 2001 so that
Scheduled Areas shall be as per the Panchayats Extension to
Scheduled Areas (PESA) Rules, 2011 ( for short, 'PESA Rules') or
10
any suitable ... Vide G.O.Ms.No.66, dated 24.03.2011, Government has
framed PESA Rules, 2011. Rule 7 of the PESA Rules deals with
minor minerals
