Prohibition to sink well and extraction of groundwater without permit in Chennai

The Chennai Metropolitan Area Groundwater (Regulation) Act 1987

Tamil Nadu local laws

“sink” with all its grammatical variations and cognate expressions includes digging, drilling, boring or deepening;

“groundwater” means the water which exists below the surface of the ground;

“well” means a well sunk for the purpose of searchingSearch Google SEO: Meaning> Relevance> Quality> Usability> Context or extracting groundwater and includes an open well, dug well, borewell, dug-cum-bore well, tube well, filter point or any contrivance which when installed, could be utilised for extracting groundwater.

Contravention of the lawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article is offensive:

If any person contravenes or fails to comply with, any of the provisions of this Act or the rules made under this Act or of the terms, conditions and restrictions, subject to which the permit or licence has been granted, he shall be punished for the first offence with fine which may extend to [two thousand rupees and for the second or any subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to [five thousand rupees], or with both. Any offence punishable under this Act shall be a cognizable offenceCognizable offence It means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule of BNSS or under any other law for the time being in force, arrest without warrant; within the meaning of the Code of Criminal Procedure, 1974 (Central Act 2 of 1974).

Sec 3. Grant of permit to sink well in the scheduled area

(1) Notwithstanding anything contained in any law for the timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ 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) 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) Every application made under sub-section (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.

(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 hydro-geological 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.

(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.

(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 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 matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” as may be prescribed.

(7) The permit shall be in such form as may be prescribed.

Sec 5- Licence for extraction, use or transport of groundwater

(1) Notwithstanding anything contained in any law for the time being in force and subject to the provisions of sub-sections (2) to (7), on and from the date of commencement of this Act,-

(a) no person shall extract or use groundwater in the scheduled area for any purpose other than domestic purposes;

(b) no person shall transport groundwater by means of any lorry, trailer or any other goods vehicle.

(2) If any person desires to,-

(i) extract or use groundwater in the scheduled area for any purpose other than domestic purposes; or

(ii) transport groundwater by means of any lorry, trailer or any other goods vehicle,

then, he shall make an application to the competent authority for the grant of a licence for such extraction, use or transport.

(3) Every application under sub-section (2) shall be made in such form and in such manner and within such period and shall contain such particulars as may be prescribed [and shall be accompanied by such fee not exceeding five thousand rupees as may be prescribed.

(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, on payment of such fees as may be prescribed and subject to such terms, conditions and restrictions as may be specified, a licence authorising-

(i) the extraction or use of groundwater for any purpose other than domestic purposes; or

(ii) the transport of groundwater by means of lorry, trailer or any other goods vehicle; or

(b) refuse to grant a licence:

Provided that no person shall be refused a licence unless he has been given an opportunity of being heard:

Provided further that where the competent authority to whom an application is made under sub-section (2), fails to inform the applicant of its decision on the application within a period of ninety days from the date of receipt of such application, the licence shall be deemed to have been granted to the applicant and such person shall, for the purposes of this Act, be deemed to be a holder of a licence.

(5) In granting or refusing a licence under this section, the competent authority shall have regard to-

(a) the purpose or purposes for which groundwater is to be used;

(b) the existence of other competitive users;

(c) the availability of groundwater and other sources of water;

(d) the effect on other sources of water supply;

(e) the compatibility with the existing water supply system;

(f) the availability of factors controlling or preventing pollution;

(g) the quality of groundwater;

(h) the objection from local residents against commercialCommercial Profit-making economic activities, such as the production, consumption, exchange, and distribution of goods and services, are primarily undertaken to earn money or a livelihood. Key Features > (1) Involve sale and exchange of goods and services for consideration (money or value), (2) Aim to earn profit and ensure business growth, (3) Include risk-bearing and creation of utility, (4) Economic in nature and satisfy customer needs. Commercial Activities > Earning profit, Business growth, Serving society, Achieving market leadership. extraction;

(i) the availability of factors contributing to or causing pollution;

(j) the measures taken for conservation of groundwater and harvesting of rainwater and their maintenance;

(k) such other matter as may be prescribed.

(6) The licence shall be in such form as may be prescribed.

(7) Notwithstanding anything contained in sub-section (1) to (6)-

(i) every person extracting or using groundwater in the scheduled area for any purpose other than domestic purposes; or

(ii) every person transporting or using groundwater by means of any lorry, trailer or any other goods vehicle, immediatelyForthwith In Rao Mahmood Ahmad Khan v. Ranbir Singh , has held that the word ‘forthwith’ is synonymous with the word immediately, which means with all reasonable quickness. When a statute requires something to be done ‘forthwith’ or ‘immediately’ or even ‘instantly’, it should probably be understood as allowing a reasonable time for doing it. The interpretation of the word ‘forthwith’ would depend upon the terrain in which it travels and would take its colour depending upon the prevailing circumstances which can be variable. (Shento Varghese v. Julfikar Husen & Ors [2024] 6 S.C.R. 409). Anwar Ahmad v. State of UP [1976] 1 SCR 779 : AIR (1976) SC 680; Nevada Properties (P) Ltd. v. State of Maharashtra & Anr. [2019] 15 SCR 223 : (2019) 20 SCC 119; State of Maharashtra v. Tapas D. Neogy [1999] Supp. 2 SCR 609 : 1999 INSC 417; Ravinder Kumar & Anr. v. State of Punjab [2001] Supp. 2 SCR 463 : (2001) 7 SCC 690; Bhajan Singh and Ors. v. State of Haryana [2011] 7 SCR 1 : 2011 INSC 422; HN Rishbud v. State of Delhi [1955] 1 SCR 1150 : (1954) 2 SCC 934; Sk. Salim v. State of West Bengal [1975] 3 SCR 394 : (1975) 1 SCC 653; China Apparao and Others v. State of Andhra Pradesh [2002] Supp. 3 SCR 175 : (2002) 8 SCC 440; Navalshankar Ishwarlal Dave v. State of Gujarat [1993] 3 SCR 676 : 1993 Supp. 3 SCC 754; Rao Mahmood Ahmad Khan v. Ranbir Singh [1995] 2 SCR 230 : (1995) Supp. 4 SCC 275; Bidya Deb Barma v. District Magistrate [1969] 1 SCR 562 : (1968) SCC OnLine SC 82.  before the date of the commencement of this Act, may continue to extract, use or transport groundwater for a period not exceeding ninety days from the said date:

Provided that such person has applied for a licence therefor under this section within a period of fifteen days from the said date.

Explanation. – For the purposes of this section, the expression “goods vehicle” shall have the same meaning assigned to it in section 2(8) of the Now Motor Vehicles Act, 1939.

Application for sinking well in the scheduled area under section 3(2) of the Chennai]metropolitan area groundwater (regulation) act, 1987 

Declaration

I, …………………………… hereby declare that the above particulars are true to the best of my knowledge.

Signature of the applicant with date.

Note. – (1) Incomplete applications and applications not received in the prescribed form are liable to be summarily rejected.

(2) Court-fee stamp for the value of Rs. 1 shall be affixed on each application.

(3) The consent of the owner of the land (if such owner is not the applicant) should invariably accompany the application.

(4) Permit will be issued, if approved by the competent authority within a period of 90 days from the date of receipt of the application, on payment of the prescribed fee.

Scheduled area

The law shall be applicable to the following areas