Vidhi Codex

section 112

Grant of permit to extract and use ground water in the notified area.

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010
General2010202 sections
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Statutory text
  1. (1) Any user of ground water desiring to sink a well in the notified area for any purpose, either on personal or community basis, shall apply to the prescribed authority for grant of a permit for this purpose, and shall not proceed with any activity connected with such sinking unless a permit has been granted by such authority : Provided that such user shall not have to obtain a permit if the well is proposed to be fitted with a hand operated manual pump or water is proposed to be withdrawn by manual devices.
  2. (2) Every application under sub-section (1) shall be made in such form and shall contain such particulars as may be specified.
  3. (3) On receipt of an application under sub-section (1) if the prescribed authority is satisfied that it shall not be against public interest to do so, it may, subject to such conditions and restrictions as may be specified, grant a permit authorizing the extraction and use of the water but where it is satisfied that it is not in public interest to do so, it may refuse to grant any such permission : Provided that no person shall be refused a permit unless he has been given an opportunity of being heard.
  4. (4) The decision regarding the grant or refusal of the permit shall be intimated by the prescribed authority to the applicant within a period of 90 days from the receipt of the application : Provided that where the prescribed authority fails to communicate its decision within the said period, it shall be deemed that the permission has been granted.
  5. (5) In granting or refusing a permit under sub-section (3), prescribed the authority shall have regard to the––
    • (a) purpose for which water is to be used ;
    • (b) existence of other competitive users ;
    • (c) availability of ground water ;
    • (d) quantity of ground water to be drawn ;
    • (e) quality of ground water with reference to use ;
    • (f) spacing of ground water structures keeping in consideration the purpose for which water is to be used ;
    • (g) long term behaviour of ground water level ;
    • (h) likelihood of adversely affecting water availability of any drinking water source in its vicinity ; and
      • (i) any other factor relevant thereto.
  6. (6) The permit shall be in such form as may be prescribed.

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