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State of Kerala - Section

Section 7 in The Kerala Ground Water (Control and Regulation) Act, 2002

7. Grant of Permit to extract and use ground water.

(1)Any person desiring to dig a well or to convert the existing well into pumping well, for his own or social purpose in the notified area, shall submit an application before the Authority for the grant of a permit it for the purpose and shall not proceed with any activity connected with such digging or convertion unless a permit has been granted by the Authority.
(2)Every application under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed:
(3)The Authority shall acknowledge the receipt of every application in the manner as may be prescribed.
(4)On receipt of an application under sub-section (1) the Authority shall, if satisfied that it shall not be against the public interest so to do grant; subject to such conditions as may be prescribed permit authorizing to draw ground water or reject the application.Provided that no person shall be refused a permit without giving an opportunity of being heated.
(5)The decision regarding the grant or refusal of the permit shall be communicated to the applicant by the Authority in writing with in ninety days from the date of receipt of the application.
(6)Where the Authority received the application under sub-section (1) fails to inform "the applicant" of its decision on the application within ninety days from the date of receipt of the application, the permit shall be deemed to have been granted to the applicant and such person shall for the purpose of this Act be deemed to be a permit holder.
(7)In granting or refusing the permit the Authority shall consider the following matters, namely:-
(a)the purpose or purposes for which the water is used;
(b)the other existing users of that locality
(c)the availability of ground water of that area;
(d)the quality of ground water in connection with its use;
(e)the distance of the proposed well with the adjoining well and the number of wells in the area and the chance of interference with existing wells;
(f)chances of ground water pollution;
(g)the long term nature of ground water level in the area
(h)any other factors relevant thereto