ORDER

Date : 30.07.2024 Heard Ms. N. Begum, learned counsel for the petitioner and Mr. S. Bora, learned counsel for all the respondents.

2. The petitioner was operating a Boring Water Supply Unit after obtaining a Trade Licence from the respondent GMC. The respondent authorities, on and from 10.04.2023, had stopped the petitioner from operating the deep tube-well for extracting ground water. Aggrieved thereby, the petitioner has approached this Court by this writ petition. The petitioner has alleged violation of principles of natural justice, as no prior notice was served upon the petitioner, prior to stopping him from operating the deep tube-well for extracting ground water.

3. The petitioner’s counsel submits that when the petitioner applied for a fresh licence with the GMC, the petitioner was informed that he had to apply for obtaining a valid permission for extracting ground water from the Central Ground Water Board, North Eastern Region, vide letter dated 28.08.2023.

4. The petitioner’s counsel submits that at the time of sealing of the petitioner’s water supply unit, some pipes and machineries were taken by the GMC without issuing any seizure memo. She submits that the same should be returned to the petitioner.

5. Mr. S. Bora, learned counsel for the GDD & GMC submits that the petitioner would first have to make an application to the State Authority under the Assam Ground Water Control and Regulation Act, 2012 (hereinafter referred to as ‘the 2012 Act’), for grant of permit to extract ground water. Once, permit is granted by the State Authority, the petitioner should make an application to the GMC for grant of a trade licence for sale of the extracted ground water through deep tube-well boring, in terms of Section 180 of the GMC Act, 1971. He further submits that the State Authority constituted under the 2012 Act is a body under the Irrigation Department, Government of Assam, whose office is located in Chandmari, Guwahati-03. Mr. Bora further submits that the order No. GCL/33/2023 dated 28.08.2023 issued by the Sasanka Jyoti Deka, Member, office of the GMC to the effect that the petitioner should obtain a valid permission from the Central Ground Water Board, North Eastern Region and thereafter approach the GMC for grant of a trade licence is a incorrect direction/information given, inasmuch as, the petitioner would first have to approach the State Authority under the 2012 Act and thereafter approach the GMC for grant of a trade licence.

6. Mr. S. Bora, learned counsel for the GDD & GMC submits that the stand taken by the petitioner that the GMC had seized some pipes and machineries without issuing any seizure memo is a baseless allegation.

7. I have heard the learned counsels for the parties.

8. Section 2(h) and Section 6 of the 2012 Act states as follows:-

“2.(h) “State Authority” means the Assam State Ground Water Authority established under Section 3 of this Act.

…………………………..

6. (1) Any user of ground water as defined under sub-section (j) of section 2 desiring to sink a well in the notified area for any purpose either on personal or community basis as commercial / industrial user, shall apply to the State Authority in prescribed form of application for grant of a permit for this purpose, and shall not proceed with any activity connected with such sinking unless a permit has been granted by the State Authority Provided that the person or persons shall not have to obtain a permit if the well is proposed to be fitted with a hand operated manual pump or water is proposed to be withdrawn by manual devices.

(2) (a) Every application under sub-section (1) shall be made in such form, shall contain such particulars and in such manner as may be prescribed.

(b) Each application should accompany an administrative fee of Rs. 100/- (Rupees One hundred) only in case of an individual in rural areas and Rs.200/- (Rupees Two hundred) only in case of an individual in urban areas. In case of application submitted by a Company, Society etc the fee i