section 3
Prohibition of construction of wells within certain limits
The Maharashtra Groundwater (Regulation of Drinking Water Purposes) Act, 1993General199320 sections
Statutory text
- (1) Notwithstanding anything contained in the Maharashtra Land Revenue Code, 1966, or any other law for the time being in force, and having regard to the interests of the general public to have the supply of requisite quantity of water for drinking water purposes from the public drinking water source, no person shall sink any well for any purpose in the vicinity of a public drinking water source within a distance of five hundred meters of such source, if both are in the area of the same watershed : Provided that the provisions of sub-section
- (1) shall not apply to the sinking of a well on behalf of the State Government or a local authority for being used as a public drinking water source.
- (2) Notwithstanding anything contained in sub-section (1), if any person desires to sink a well for irrigation or drinking water purposes within a distance of five hundred metres of a dublic drinking water source, he shall do so only with the permission of the Appropriate Authority.
- (3) An application for permission under sub-section
- (2) shall be made to the Appropriate Authority in such form and accompanied by such fee as may be prescribed.
- (4) The Appropriate Authority, after receipt of an application under sub-section
- (3) may, on the advice of the Technical Officer, for reasons to be recorded in writing, grant permission for the sinking of a well for irrigation or drinking water purpose if it is satisfied that such sinking shall not adversely affect the public diinking water source or refuse the permission applied for if granting of such permission shall so adversely affect such source : Provided that if the Appropriate Authority fails to inform the applicant of his decision within one hundred twenty days from the date of receipt of the application, the permission applied for shall be deemed to have been granted, but such deemed permission shall always be subject to any conditions prescribed in the rules.
- (5) Every permission granted under this section shall be subject to--
- (a) the condition that the Appropriate Authority may, for reasons to be recorded in writing, by order, prohibit, restrict or regulate from time to time the extraction of water from such well if in his opinion it is necessary to do so in the public interest;
- (b) such other conditions and restrictions as may be prescribed.
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