section 9
Grant of Permit to extract and use groundwater
Nagaland Groundwater (Regulation and Control of Development and Management) Act, 2020Chapter 11 CONSTITUTION OF THE AUTHORITY
(1) Any user of groundwater desiring to sink a well within notified area for any purpose shall, on payment of such fee as may be prescribed, apply to the Authority for grant of a permit, and shall not proceed with any activity connected with such sinking unless a permit has been granted by the Authority. (2) Every application made under sub-section (1), shall be in such form and contain such particulars as may be prescribed. (3) The Authority shall consider the application made under sub-section (1) and if satisfied, may grant a permit, in such form as may be prescribed subject to such conditions and restrictions as may be specified, within 60 (sixty days) from the date of receipt of the application. Provided that, while considering the application the Authority shall give first priority for drinking water needs in preference to other needs. Provided further that no permit shall be refused without affording an opportunity of being heard. (4) The decision regarding grant or refusal of the permit shall be intimated by the Authority to the applicant within a period of (30) thirty days from the date of decision. (5) In granting or refusing a permit under sub-section (3), the Authority shall have regard to (a) Hydrogeology and geomorphology of the area. (b) The purpose or purposes for which water is to be used. (c) The existence of other competitive users. (d) The availability of water/aquifer zones. (e) Prospect of groundwater. (f) Feasibility for groundwater development. (g) Quality & quantity of groundwater to be drawn with reference to proposed usage. (h) Spacing of groundwater structures keeping in view its conservation and sustainability. (i) Minimum distance of 200 (two hundred) meters in case of shallow well and 300 (three hundred) meters in case of tube well from the existing source of water supply scheme or irrigation scheme, as the case may be. (j) No permit shall be given for water intensive crops like paddy, sugarcane, banana and heavy industries in notified areas. (k) Long term groundwater level behavior. (l) Any other factor relevant thereto.
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