(1) Wherever it appears to the Authority that any well has been sunk or is being sunk or water has been extracted or is being extracted in contravention of any of the provisions of this Act, the Authority or any officer duly authorised by it in this behalf, may enter upon that land, remove obstruction, if any, close the pumping of the water, disconnect the power supply, seize any material or equipment used in connection with such extraction of water and take any such action, as may be required to stop such extraction and may by order require the owner or the person in possession of the well to close or seal off the well at his
15. Added by Act No.6 of 2004.
Registration of drilling rigs.
Closure of wells.
16 [Act No.10 of 2002] expense and in such manner as the Authority may specify in such order and such owner or person shall comply with such order.
(2) Where such owner or person fails to comply with any order made under sub-section (1), the Authority may after giving such owner or person due notice in that behalf enter upon the land and close or seal off the well and the cost incurred thereof shall be recoverable from such owner or person as arrears of land revenue.
16. Where an order of permanently closing down or sealing off the well, which is giving substantial yield and which is really useful for irrigating any land or for an industrial use, is made under sub-section (1) or sub-section
(2) or sub-section (5) of section 12, the Authority may on making such enquiry and requiring the owner to produce such evidence as he may deem necessary, make an order for payment of compensation which shall not be less than the market value of the well including the other expenditure incurred like energisation thereon and structure thereon and standing crop at the time of making such an order and with regard to the determination of compensation for the well situated in a land acquired shall apply the provisions of 16the Land Acquisition Act, 1894 in determining the market value of the well under this section:
Provided that, where an order under sub-section (1) or sub-section (2) or sub-section (5) of section 12, relates to temporarily closing down or sealing off a well, water from which is used for the irrigated crops, standing at the time of making such an order, compensation for such crops shall be payable under this section:
16. Please see now the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).
Compensation for closed wells.
Central Act 1 of 1894.
[Act No.10 of 2002] 17
Provided further that where by virtue of an order made under sub-section (1) or sub-section (2) or sub-section (5) of section 12, any well which is permanently closed or sealed off for any reason whatsoever, allowed to be opened for extracting water therefrom and any subsequent order made for permanently closing down or sealing off such well again shall not entitle the owner thereof, to claim compensation to such well:
Provided also that compensation shall not be paid in such cases of temporary or permanent closure of wells in pursuance of order passed under section 15.