Section 95 in Bombay Irrigation (Gujarat Amendment) Act, 1976
95. Grant of licence.- (1) Where a holder of any agricultural land desires to construct therein any tubewell, artesian well or borewell, exceeding forty-five metres in depth for extracting ground water, he shall make an application to the Regional Canal Officer having jurisdiction for the grant of a licence.
(2)Every application made muter sub-section (1) shall be in such form, shall contain such particular and shall be accompanied with such fees he may be prescribed.(3)On the receipt of an application under sub-section (1) the Regional Canal Officer may, after making such inquiry as he thinks fit and having regard to the availability and quality of ground water and the density of wells in the area in which the tubewell, artesian well or borewell, as the case may be, is proposed to be constructed and such other relevant factors as the circumstances or the case may require, by order, grant or refuse to pant the licence applied for:Provided that before refusing to grant the licence, the applicant shall be given a reasonable opportunity of being heard in the matter:Provided further that where the Regional Canal Officer to whom an application has been made under sub-section (1) fails to inform the applicant of his decision on the application within a period of three months from the date of receipt of the application, the licence shall be deemed to have been granted to the applicant.(4)Every licence granted or deemed to have been granted under sub-section (3) shall be in such form as may be prescribed and shall be subject to such terms and conditions as may be specified therein, including conditions relating to the maintenance of the well.
