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State of Telangana - Section

Section 12 in Telangana Water, Land and Trees Act, 2002

12. Protection of public drinking water sources.

(1)Notwithstanding anything contained in any law for the time being in force the Authority may, on the advice of the Technical Officer, that any existing well is found to be adversely affecting any public drinking water source, after giving the owner a reasonable opportunity of being heard by an order, prohibit the extraction of water for commercial, industrial, irrigation or any other purposes from such well for a period of not more than six months which after review may be extended for a further period of not more than six months at a time:Provided that irrigation well with standing crop shall be taken as last priority for such purpose.
(2)Notwithstanding anything contained in any law for the time being in force and in any other provisions of this Act, the Authority, on the advice of the Technical Officer that any existing well is found to be adversely affecting any public drinking water source and if such source cannot be adequately protected by action under sub-section (1) may after giving the owner of such well a reasonable opportunity of being heard, by an order require him to stop the extraction of water and close or seal off such well forthwith either temporarily or permanently.
(3)Whenever it is necessary to make an inquiry or examination in connection with the protection of a public drinking water source or with the maintenance of a public water supply system, the Authority or any officer duly authorised by it in this behalf may after giving prior notice to the owner or occupier of any land:-
(a)enter upon such land as he may think necessary for the said purpose;
(b)undertake surveys or take water levels;
(c)conduct pumping tests and geophysical surveys;
(d)conduct well logging on the bore;
(e)install and maintain water levels recorded and water gauges on the well; and
(f)do all such other things as may be necessary for pursuing such inquiry and examination.
(4)Notwithstanding anything contained in sub-sections (1), (2) and (3), the Authority may on the advice of the Technical Officer in any urban area, issue an order,-
(a)prohibiting extraction of water for sale from an over exploited water source or aquifer or residential areas or in the recharge zones of residential areas depleting the public or private water sources and affecting the supply of water for domestic usage;
(b)prohibiting the drawal of the ground water within the premises of multi-storied buildings for sale of water outside the premises of such multi-storied building.
(5)The Authority may, on the consideration of the availability of drinking water, command any existing well in order to ensure supply of drinking water to the local population. For this purpose the Authority may take over the well for such period as deemed necessary subject to such conditions as the Authority may prescribe.
(6)The Authority may issue directions to the concerned including local bodies for preventing wastage of water from the public water supply system or public drinking water source.
(7)The Authority may issue directions by general or specific order to TSTRANSCO not to raise and collect electricity bills during stoppage of pumping of water in pursuance of order issued under this section.