Rights of owner of land through which drain is carried in regard to subsequent building thereon

If the owner of any land into, through or under which a drain has been carried under section 197 whilst such land was not built upon shall at any subsequent time desire to construct a building thereon, the Municipal Commissioner or the Chief Officer, subject to the control of the standing committee, shall, if he sanctions the construction of such building, by written notice require the owner or occupier of the building or vacant land, for the benefit of which such drain was constructed, to close, remove or divert the same, and to fill in, reinstate and make good the land in such manner as he may deem to be necessary, in order to admit of the construction or safe enjoyment of the proposed building.