Amendment status not verified — confirm the current text below against the official source.
Right of owners and occupiers of premises to carry drains through land belonging to other persons.— (1) If it shall appear to the Commissioner that the only means or the most convenient means, by which the owner or occupier of any premises can cause his drain to empty into a municipal drain 8[or other place legally set apart for the discharge of drainage] is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Commissioner, after giving to the owner of the land a reasonable opportunity of standing any objection may, with the approval of the 9[Standing Committed] if no objection is raised, or if any objection which is raised appears to him invalid or in sufficient, by an order in writing, authorise the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow. 1 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 96. 2 These words were inserted by Bom. 5 of 1905, s. 14(1). 3 These words were substituted for the original words by Bom. 5 of 1905, s. 15. 4 These words were inserted by Bom. 5 of 1905, s. 14(1). 5 The words “with the approval of the Standing Committee” were deleted by Mah. 21 of 1989, s. 30. 6 This section was inserted by Bom. 8 of 1918, s. 5. 7 The words “apply for the approval of the Standing Committee and may with their approval” were deleted by Mah. 21 of 1989, s. 31. 8 These words were inserted by Bom. 5 of 1905, s. 14(1). 9 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 97(a). 224 The Mumbai Municipal Corporation Act [1888 : III (2) Every such order, bearing the signature of the Commissioner, shall be a complete authority to the person, in whose favor it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the land reasonable written notice of his intention so do, to enter upon the said land with assistants and workmen, at any time between sunrise and sunset and to execute the necessary work. (3) Subject to all other provisions of this Act, the owner or occupier of any premises or any agent or person employed by him for this purpose, may after giving to the owner of any land wherein a drain has been already lawfully constructed for the drainage of his said premises reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen, at any time between sunrise and sunset, and construct a new drain in the place of the existing drain or repair or alter any drain so constructed. (4) In executing any work under this section, as little damage as can be shall be done, and the owner or occupier of premises 1[for the benefit of which] the work is done shall— (a) cause the work to be executed with the least practicable delay; (b) fill in, reinstate and make good, at his own cost and with the least practicable delay, the ground or portion of any building or other construction, opened, broken up or removed for the purpose of executing the said work; (c) pay compensation to any person who sustains damage by the execution of the said work. (5) If the owner of any land, into, through or under which a drain has been carried under this section whilst such land was unbuilt upon, shall, at any time afterwards, desire to erect a building on such land, the Commissioner shall, with approval of the 2[Standing Committee] by written notice, require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove or divert the same in such manner as shall be approved by the 3[said Committee] and to fill in, reinstate and make good the land as if the drain had not been carried into, through or under the same: Provided that no such requisition shall be made, unless, in the opinion of the 4[Standing Committee], it is necessary or expedient, in order to admit of the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted. 5[230A. Owner of land to allow others to carry drains through the land.— Every owner of land shall be bound to allow any person, in whose favour an order has been made under section 230, sub- section (1), to carry a drain into, through or under the land of such owner on such terms as may be prescribed in such order.]