Section 25 in Jammu and Kashmir Water Resources (Regulation And Management) Rules, 2011
25. Restriction on construction of Wells
(1)If a notification has been issued by the Government under sub-section (4) of section 24 of the Act restricting the construction of wells in any area specified therein, the Assistant Executive Engineer shall, by a public notice affixed at conspicuous places or by announcements through public address system in the said area or such other mode as he may deem fit, inform the general public about such restrictions and also ensure that no well is constructed in the said area without obtaining prior permission from the Executive Engineer concerned.(2)Any person intending to construct a well for purposes other than exclusive domestic use, either on personal or community basis, in the restricted area shall apply in form-VII to the Executive Engineer concerned for obtaining permission for such construction. The application shall be accompanied by the following documents, namely:(a)a fee of Rs. 500 /- in the shape of a demand draft favouring the Executive Engineer concerned or by way of cash;(b)proof of the ownership or occupancy of the premises where well is proposed to be constructed;(c)an affidavit duly attested by the first class Magistrate to the effect that the applicant shall abide by the provisions of the Act and the rules and regulations made thereunder and also such other terms and conditions subject to which the permission for construction of well is granted; and(d)the purpose for which the well is to be constructed.(3)The Executive Engineer shall forward the application to the Assistant Executive Engineer incharge of the area for a feasibility report.(4)The Assistant Executive Engineer shall, after making a site inspection and examining the feasibility of such well, submit specific recommendations to the Executive Engineer for grant of, or refusal of, permission and also certify that the grant of such permission to the applicant will not adversely affect the existing irrigation work or any proposed work in such area.(5)On the basis of the feasibility report/recommendations made under sub-rule (4), the Executive Engineer may grant permission for the construction of well to the applicant.
