Section 11 in Tamil Nadu Groundwater (Development and Management) Act, 2003
11. Prohibition of sinking wells in notified area without permit.
(1)No person shall, either himself or through any person on his behalf, engage in sinking any well or any other activity connected therewith in any notified area without obtaining a permit:Provided that this sub-section shall not apply for sinking of well or extraction or use of groundwater for domestic purpose.(2)Any person desiring to sink a well in a notified area, for any purpose other than domestic purpose, shall apply to the Authority in such form and in such manner together with such fee as may be prescribed for the grant of a permit.(3)On receipt of an application under sub-section (2), if the Authority is satisfied after enquiry that it shall not be against public interest to do so, may grant, subject to such conditions and restrictions as it may specify, a permit authorising the sinking of well and the extraction and use of the groundwater from such well, or refuse to grant permit:Provided that, before granting a permit under this sub-section, the Authority shall consult the local body concerned:Provided further that no applicant shall be refused a permit, unless he has been given an opportunity of being heard:Provided also that where the Authority to whom an application is made under sub-section (2) fails to inform the applicant of its decision on the application within a period of thirty days from the date of receipt of such application, the permit shall be deemed to have been granted to the applicant and he shall, for the purpose of this Act, be deemed to be a holder of a permit.Explanation. - For the purpose of this sub-section, "Local body" means the Municipal Corporation, Municipality, Town Panchayat, Cantonment or Village Panchayat, as the case may be.(4)In granting or refusing to grant a permit under sub-section (3), the Authority shall have regard to the following matters, namely:-(a)the purpose for which groundwater is to be used, the quantum and the mode of extraction;(b)the existence of other users including prior users and any community well in the neighbourhood;(c)the quantum of available groundwater resources in the notified area;(d)whether the applicant concerned has the means and competence to extract water; and(e)any other matter as may be prescribed.
