Section 12 in The Goa Ground Water Regulation Act, 2002
12. Payment of compensation for closing down an existing well in over exploited area.
- Where an order of permanently closing down or sealing of an existing well is made under section 11, the Ground Water Officer may, on making such enquiry and requiring the owner to produce such evidence as he may deem necessary, make an order for payment of compensation which shall be not less than the market value of the well and structures thereon and the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), with regard to the determination of compensation of the well shall apply in determining the market value of the well under this section as though the well is sought to be acquired under that Act. No such compensation shall be paid in the case of temporary closing down of an existing well in an over exploited area:Provided that, in the case of closing down of an existing well, permanently or temporarily, in an over exploited area, if water from that well was being used for irrigating crops standing at the time of making such an order, the compensation for such crops which shall be the market value of the standing crops based on the average yield of the preceding three years, shall be payable under this section:Provided further that, if, for any reason, any well which had been permanently closed or sealed, is allowed to be re-opened for extracting of water therefrom, any subsequent order made for permanently sealing or closing down such well again, shall not entitle the owner thereof to claim compensation for the well and the structures thereon except the compensation for the standing crops which shall be determined as aforesaid in the for going proviso.
