agreement irrigation

8/10/2019 Agreement Irrigation

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This indenture made the day of between his excellency

the Governor of A.P. (herein after called `the Governor which expression shall where the context

admits include his successors in office and assins! of the one part and "#s.G"$ Technoloies %

&ndustries 'imited (uar )ivision! an*ili+ (here in called `'icensee which expression shall

where the context admits include his executors+ administrators+ leal representatives and permitted

assins! of the other part ,

-here as the river *nown as aavali in the )istrict of ri*a*ulam vests in the president of

republic of &ndia and where as in 'icensee is the owner of the factory and the premises situated at

an*ili and *nown as "#s.G"$ Technoloies % &ndustries 'td.+ an*ili herein after called the said

factory. And where as the licensee has applied to the Government of Andhra Pradesh (hereinafter

called `the Government! to rant to him such rihts of ta*in water from said river for


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purposes of the said factory and such other rihts of access and incidental rihts as are hereinafter

described for the period of 01 (Ten! years from the date of issue of Government 2rder+ o.03/

&%4A) (P.-.0.4 % &-#42)! )epartment # /5.0/./11/. herein after mentioned which the

Governor has areed to do upon the terms and conditions hereinafter expressed. ow this indenture

witnesseth as follows ,

0. &n pursuance of the said areement and in consideration of the yearly sums herein after

made payable to the Government and of the convenants on the part of the licensee hereinafter

contained then Governor hereby rants into the licensee the rihts and liberties followin namely ,6

a! The rihts to ta*e water from the said river at the point mar*et ($ed! on the plan annexed hereto

or at such other point as the uperintendent 7nineer & % 4A) )epartment+ 8obbili in the time

bein of &rriation circle+ 8obbili (hereinafter called the uperintendant 7nineer! shall determine

and to convey across the lands of the Government (hereinafter called `the said lands! by means of

pipes and or sluices and or channels and or by hand by such 9uantity of water as the licensee shall

re9uire (and shall be available! for the purposes of the said factory and shall & have paid for in

advance not exceedin the maximum 9uantity hereinafter mentioned or such lesser 9uantity as in

the opinion of 7xecutive 7nineer P.-.). for the time bein of the )ivision (hereinafter called :the

7xecutive 7nineer;! cannot be exceeded without interferin with irriation or aviation or the

ordinary use of the said river by the public.

b! The rihts for the purpose of ta*in such water and for the purpose of restorin such water if the

licensee shall thin* fit to restore the same+ where such water is intended to be ta*en and dischared

by means of pipes to lay and maintain in the said lands a line of inta*e pipes and a line of dischare

pipes of G.&. eiht inch bore pipe in the respective courses shown on the said plan so however that

the same was laid


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c! The liberty from time to time durin the continuance of the licensee on the said lands for the

purpose of exercisin the rihts and liberties hereby ranted and with in previous permission.

$ewritin of the sub division or s.o. of the P-) for time bein in6chare of the said river but not

other wise to open up the said pipes and sluices for the purpose of removin+ repairin and clearin

the same as occasion may re9uire doin no unnecessary damae to the said land and restorin the

surface+ at the cost of the licensee cleaner opened up as soon as may be.

To hold and en>oy the said rihts and liberties hereby ranted upto the licensee for the term

of 01 (Ten! years with retrospective effect from 03 thday of April+ 0??5 sub>ect to determination as

here in after mentioned.

/! The licensee shall and will yield and pay to in Government re6advance before the 03 thday of

April. &n each year the chares for water estimated to be re9uired by the licensee durin the year

endin on the =0stday of "arch followin at the rates as per G.2."s.o.=?#& % 4A) (P-.24 %

&-#42)! )ept. dt.1/.1ect to ad>ustment of

A#c when the actual 9uantities of supply are ascertained.

The licensee shall install water meters wherever necessary at their cost to measure the water ta*en

from the river and should be *ept open at all times for the inspection of the 2fficers of & % 4A)

and other Government )epartments.


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=! The licensee covenants with the Governor as follows+ namely that the licensee ,6

a. will pay the said yearly sums here in before stipulated to be so paid without any deductions

and within the periods here in before appointed for payment there of respectively.

b. -ill do all wor*s and thins hereby authorised to be done by him upon as affectin the said

lands of the said river in a ood and wor*men li*e manner and so as to causes no

unnecessary damae or distortion to the said lands or in said river or the bed or ban*s

thereof.

c. &n case such water shall be ta*en by means of pipes or sluices or otherwise except by hand

at the licensees own cost will when re9uired to do so by the uperintendent 7nineer+

&rriation )ivision+ 8obbili place and maintain at or near to the points of in ta*e and so as to

be open at all times to the respective by any officer of the P- or revenue )epartment of the

Government of A.P.

7fficient meters or aues approved in all respects by the 7xecutive 7nineer+ which shall

correctly measure the 9uantity of water ta*en from the said river throuh its pipes or sluices or

otherwise as aforesaid in every /< hrs.

d. -ill not ta*e from the said river in any period of /< hrs. measured from midniht to

midniht a reater 9uantity of water than as hereinafter mentioned+ namely durin the year

April to "arch +11+111 cubic yards (/0.5 "cft.! of water per annum from the existin

infiltration wells located in aavali $iver and bore wells to meet the water re9uirement of

0.@ "') with 01 and 5 hours of pumpin per day respectively for their suar industry

(uar+ Power % 7thanol Bnits! at an*ili Cillae in ri*a*ulam )istrict for consumptive

use sub>ect to payment of water rate at $s.0.31 per 0111 allons as per G.2."s.o.03/ & %

4A) (P- D4 % &-#42)! )ept#dated /5.0/./11/+ and will not ta*e from the said river

any water in excess+ of the amount paid for in advance of the current year except with in

previous permission in writin of 7xecutive 7nineer+ &rriation )ivision+ ri*a*ulam to be

applied for than the licensee is about to exhaust the 9uantity so paid for in advance. Eence+

the 7xecutive 7nineer is havin every liberty to stop the water supply or to cancel the

Areement as and when scarcity for drin*in water problem from the river will arise.


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e. -ill maintain and *eep at the said factory proper boo*s of A#4 in which shall be entered

daily to 9uantities of water removed from the said river under the rihts and liberties hereby

ranted distinuishin such as shall be removed by pipes or sluices or other wise (except by

hand! from such as shall be removed by hand and shall whenever repaired allow such boo*s

to be inspected and entries therein to be copied by any officers of the P-) or $evenue

)epartment aforesaid of the Government of Andhra Pradesh.

f. -ill not dischare or suffer to be dischared into the said river any water of less purity there

the water in the said river for the time bein or any substance or matter (fluid or solid! which

shall pre>udicially affect the said river or the water therein or render such water in any way

unfit for domestic purposes or which shall be or cause a nuisance or annoyance to the

Government or to any person.

. -ill *eep the Government indemnified aainst all action claims and demands that may be

brouht or made aainst them by reason of anythin done by the licensee in exercise or

impurported exercise of the rihts and liberties hereby ranted.

h. -ill *eep the pipes and sluices and other wor*s of the licensee which shall be said or

constructed on the said lands in ood repairs.

i. -ill as the expiry of the term of these presents or sooner determinative of the said term or

within.

Thereafter at the cost of the licensee remove the said pipes and wor*s and restore the said lands or

such part there of as may have been opened disturbed or damaed by the licensee to the same or as

ood a state and conditions as they were in immediately before date thereof.

>. will use such water in purposes of the said factory alone and for no other purposes.

*. -ill at all reasonable times allow in officers of the P-) and $evenue )epartment aforesaid

to inspect the said factory and surroundins premises of the licensee.

ect to payment of water rate F

$s.0.31 per 0111 allons (3.?< cu.yards! and also sub>ect to the followin terms % conditions as per

G.2."s.o.03/0 % 4A) (P- D4 % &-#42)! )epartment dt./5.0/./11/.

i! The industry has to utilise sub surface water only without interferin with the surface water

and subse9uently affectin the irriation system.

ii! The industry has to ma*e its own arranements to install measurin devices at the point of

delivery system for measurin the 9uantity of water drawal.


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iii! The industry has to maintain reisters for daily water drawl from the source and should be

*ept open for verification of irriation+ $evenue and Ground -ater )epartment 2fficials

durin inspection.

iv! The industry should pay water chares as per Government rules in voue and also any

chanes from time to time.

v! The drawal of water is sub>ect to the normal rainfall conditions and present stae of round

water development in the area.

vi! 2nly the 9uantum of round water cleared must be extracted.

vii! The wells must be constructed at the recommended places and to the recommended depths.

viii! The Power Plant should not cause any type of pollution to surface and round water bodies

in and around the area.

ix! The effluents must be treated properly and must not be dischared into near by streams or

tan*s and cause ecoloical imbalances.

x! 2bservation wells must be established in and around the area in order to study round water.

'evels and 9uality periodically. The data must be preserved and half yearly reports must be

sent to )y.)irector+ Ground -ater )epartment+ ri*a*ulam. The round water levels must

be monitored every last wee* of the month and 9uality twice a year i.e. pre and post

monsoon periods.

xi! The 2fficers of Ground -ater )epartment must be allowed to inspect the round water

extraction structures+ observation wells and the data whenever necessary.

xii! The Govt. of Andhra Pradesh # Ground -ater )epartment reserves the riht to stop the

factory from usin round water durin emerencies.

3! &n case any sum hereby made payable shall be in arrears and unpaid for the space of thirty

days after the same shall have become payable or if there shall be any breach or non6observance of

any of the convenants on the part licensee+ other there the covenent for payment of the said sums or

of the conditions here in contained there an in any such case+ it shall be lawful for the Government

by notice in writin under the head of the 7xecutive 7nineer served on or posted to the licensee at

his factory address+ to determine these presents and to license hereby ranted shall immediately

upon such service lease and determine but without pre>udice to any claim or rihts of action or

remedy of the Government in respect of any previous breach of any covenant on the part of the

licensee here in contained or in the alternative the out off the supply of water to the license until

such time as the arrears shall have been in full toether with the expenses that may be incurred by


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the Government on account of such cuttin. 2ff or+ as the case may be until such time as the breach

or non6observance of the convenants of permanent of the license shall have been made ood by

payin to the Government such sum as the uperintendant 7nineer may fix as compensation for

the loss or damae caused to the Government by such breach or non6observance toether with the

expenses that may be incurred by the Government on account of such cuttin off and the license

shall not be entitled to the refund of any portion of the said annual sum paid in advance or to claim

any damaes from Government.

5. All sums due to the Government from the license shall be recovered from him as if they are

arrears of '.$.

G.2."s.o./??1 $ev#/1600631+ G.2.o.015.$ev#@.3.30 8.P. Press no.0#0oy the rihts and liberties hereby ranted durin the said terms without any

interruption save as here in provided on the part of the Government or any person claimin throuh

under or interest for the Government.

. Provided always and it is hereby areed and declared as follows ,

a! That in case water shall be ta*en by the license from the said river by means of a pipes or

masonry sluice no portion of such pipe or sluice shall pro>ect into the waterway of the said river and

the hand of such pipe or sluice shall be built the a small masonry wall to be approved by the

7xecutive 7nineer and to be constructed at the cost of the license and at no pump shall be erected

on the laid lands.

b! That it shall be lawful for the 7xecutive 7nineer at any time on ivin one month previous

which in writin and in case of emerencies as to which the decision of the 7xecutive 7nineer

shall be final and conclusive without any notice at all to cut off the supply of such water to the said

factory for any lenth of time and in the later case only such part of the said annual sum as shall

exceed the value at rate herein before mentioned of the water removed durin the year in which the


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supply shall have been so cut off shall be repaid to the license but the license shall not be entitled to

any further or other compensation in respect thereof.

c! That the licensee shall not be entitled to the refund of any portion of the said annual sum paid in

advance or to claim damaes either on the round that the license has not ta*en a maximum

9uantity of water herein before mentioned or on the round that the licensee has not able to ta*e

such maximum 9uantity owin to deficied water in the said river conse9uent on early or sudden

closure of the said cement for repairs or otherwise.

d! The licensee may be exempted by the uperintendent 7nineer from payment of the said annual

sum in respect of any one or more complete years durin the term of the license if he intimates in

advance to the 7xecutive 7nineer that he does not proposes to ta*e water durin such year or years

etc.

e! That in addition to any rihts and remedies reserved into the Government under this areement

and without pre>udice there to the license shall if he fails to comply with the any one or more of the

provisions of the areement be liable for and pay to the Government in respect of all water ta*en by

him after such failure+ chares in such increased rates as the uperintendent 7nineer may deem fit

and reasonable.

f! The execution of this Areement will be without pre>udice to the rihts of &rriation )epartment

reardin the amount due from the said factory for the previous year which is in correspondence.

! The Articles of the Areement will be in force in the first instance for a period of ten years with

effect from date of concludin the areement and further renewal depends upon at the time of

presentation of renewal application well in advance of 5 months before expirin of the Areement.

h! The maximum drawl of water shall not exceed a 9ty. of // " cuft. (11111 cu.yards! and in the

event of the company re9uirin any increase in this maximum the consent of the Government in

writin shall first be obtained thereto+ the extent of such increase bein stated and setforth in the

consent (if ranted! of the Government.

i! The 4ompany cannot have a riparian riht


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?. 7xcept as otherwise provided in the Areement any disputes or differences arisin out of or

relatin to the Areement shall be referred to ad>udicated as follows ,

&. ettlement of claims upto $s.31111#6 in value and by way of arbitration to be

referred as follows ,

a. 4laims upto $s.01111#6 in value 6 uperintendent 7nineer

&nchare+ Cisa*hapatnam

b. 4laims above $s.01111#6 and upon 6 4hief 7nineer

$s.31111#6 in value ri $amsaar Pro>ect+ Eyd.

The arbitration proceedins will be conducted in accordance with the Provision of

the Arbitration Act 0??5 as amended from time to time. The Arbitrator shall

invariably ive reasons in the award.

&&. ettlement of all claims above $s.31111#6 in value

All the claims above $s.31111#6 in value shall be decided by the 4ivil 4ourt of

4ompetent >urisdiction by way of a reular suit and not by arbitration.

&n witness thereof 7nineer6in64hief+ &rriation and 4A)+ Andhra Pradesh+ Eyderabad+

actin on behalf of and by the order and direct to his excellency the Governor of Andhra Pradesh

and the license have herein to set their respective sinature and seals the day month and year first

above written sined+ sealed and delivered by the 7nineer6in64hief &rriation+ &rriation and 4A)+

Andhra Pradesh+ Eyderabad+ in presence of ri T.4handrase*har $eddy+ President+ "#s.G"$

Technoloies % &ndustries 'td.+ uar )ivision+ an*ili sined+ sealed and delivered by the license

or "#s.G"$ Technoloies % for Eis excellency the Governor of

&ndustries 'td. Andhra Pradesh

ined ealed and )elivered by the

above named 4ompany

&n the presence of


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-ater rate for suar factory at an*ili from =0.0/.?5 to =0.1=./11

agreement irrigation

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