Vidhi Codex

section 3

Grant of permit to sink well in the scheduled area

The Chennai Metropolitan Area Groundwater (Regulation) Act, 1987
General198718 sections
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Statutory text
  1. (1) Notwithstanding anything contained in any law for the time being in force, no person shall sink a well in the scheduled area unless he has obtained a permit in this behalf from the competent authority.
  2. (2) Any person desiring to sink a well in the scheduled area shall apply to the competent authority for the 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 the competent authority.
  3. (3) Every application made under sub-section
  4. (2) shall be in such form and contain such particulars as may be prescribed and shall be accompanied by such fee not exceeding two hundred and fifty rupees as may be prescribed.
  5. (4) On receipt of an application under sub-section (2), if the competent authority is satisfied that it shall be in the public interest so to do, it may—
    • (a) grant, subject to such terms, conditions and restrictions as may be specified, a permit authorising the sinking of well; Provided that the competent authority while granting the permit may, after having regard to the hydrogeological conditions, water table conditions, groundwater potential and yield of the aquifer, restrict the depth of the well; or
    • (b) refuse to grant a permit: Provided that no permit shall be refused unless the applicant has been given an opportunity of being heard.
  6. (5) The decision regarding the grant or refusal to grant the permit shall be intimated by the competent authority to the applicant within such period as may be prescribed.
  7. (6) In granting or refusing to grant permit under sub-section (4), the competent authority shall have regard to the following matters, namely:—
    • (a) the purpose or purposes for which the well is to be sunk;
    • (b) the existence of other competitive users;
    • (c) the existence of other wells in the locality;
    • (d) the availability of groundwater:
    • (e) the existence of other sources of water other than wells and its compatibility;
    • (f) the compatibility with the existing water resources;
    • (g) the factors that affect, control or prevent pollution;
    • (h) the possibility for rain water harvesting and conservation;
      • (i) such other matter as may be prescribed.
  8. (7) The permit shall be in such form as may be prescribed.

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