Section 3 in The Chennai Metropolitan Area Groundwater (Regulation) Act, 1987
3. Grant of permit to sink well in the scheduled area.
(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)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] [Added by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 1997 (Tamil Nadu Act 29 of 1997) with effect from 10th May 1997.].(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: [* * *] [The world 'or' was omitted by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002) with effect from 21st December 2002.][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] [The proviso was inserted by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002) with effect from 21st December 2002.](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;] [Substituted for clause (e) by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002) with effect from 21st November 2002.](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.(7)The permit shall be in such form as may be prescribed.
