section 200
Power of owner of premises to place pipes and drains through land belonging to other persons
The Himachal Pradesh Municipal Corporation Act, 1994Chapter XI ACCOUNTS AND AUDIT
(1) If it appears to the Commissioner that the only or most convenient means of water supply to and drainage of, any premises is by placing, or carrying any pipe or drain over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable property: Provided that before making any such order, the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried. (2) Upon the making of an order under sub-section (1), the owner of the premises may, after giving reasonable notice of his intention so to do enter upon the immovable property with assistants and workmen at any time between sun rise and sun set for the purpose of placing a pipe or drain over, under, along or across such immovable property or for the purpose of repairing the same. (3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall- (a) cause the pipe or drain to be placed or carried with the least practicable delay : (b) fill in, reinstate and make good at his own cost and with the least practicable delay an land opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and (c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe or drain. (4) If the owner of the immovable property, over, under, along or across which a pipe or drain has been placed or carried under this section while such immovable property was not built upon, desires to erect any building on such property, the Commissioner shall by notice in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in, reinstate and make good the immovable property as if the pipe or drain had not been placed or carried over, under, along or across the same: Provided that no such requisition shall be made unless in the opinion of the Commissioner it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted. (22) the maximum quantity of trade effluent which may, without any consent or permission, be discharged from any trade premises into municipal drains on any one day and the highest rate at which trade effluent may, without such consent or permission, be discharged from any trade premises into municipal drains; (23) the regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent (that is to say that is neither acid nor alkaline) at the time of such discharge; (24) the charges to be paid to the Corporation by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof; (25) the provisions and maintenance of such an inspection chamber or main hole as will enable a person readily to take at any time, samples of what is passing into municipal drains from trade premises; and (26) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains, and the testing of such meters. C. Bye-laws relating to streets.- (1) the closure of streets when any work is in progress and alternative passage during the progress of such work; (2) the erections of a temporary nature during festivals; (3) the setting up of boards on buildings adjacent to streets during their construction or repair; (4) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original sanction; (5) the permission, regulation or prohibition of use or occupation of any street or place by itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation. Connection with municipal water works of drains without written permission. 10000 1000 (sub-section (4)) Non- compliance with requisition to close, remove or divert a pipe or drain. 10000 1000
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