Section 51 in Gujarat Irrigation and Drainage Act, 2013
51. Grant of licence.
(1)Where a holder of any agricultural land desires to construct therein any tubewell, artesian well or borewell, exceeding the depth as prescribed for extracting ground water, he shall make an application to the canal-officer having jurisdiction for the grant of a licence.(2)The application under sub-section (1) shall be in such form, shall contain such particulars and shall be accompanied with such fees as may be prescribed.(3)On receipt of an application made under sub-section (1), the 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 of the case may require, by order, grant or refuse to grant 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 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)The licence granted or deemed to have been granted under subsection (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.
