Rights of owners and occupiers of premises to carry drains through lands belonging to other persons

Rights of owners and occupiers of premises to carry drains through lands belonging to other persons-

1. (1) If it appears to the Commissioner that the only means by which the owner or occupier of any building or land can conveniently cause his drain to empty into a municipal drain or other place set apart by the Chief Executive Officer for the discharge of drainage, is by carrying the same into, through or under any land belonging to or occupied by some person other than the said owner or occupier, the Commissioner shall given such other person a reasonable opportunity of stating any objection, and if no objection is raised, or if any objection which is raised appears to him valid or insufficient, may, 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 may think fit to allow.
2. (2) Subject to the provisions of this Act, on receipt of any such order bearing the signature of the Commissioner, the person in whose favour it is made or any agent or person employed by him for the purpose may, after giving to the owner or occupier of the land reasonable written notice of his intention to do so, enter upon the said land with assistants and workmen at any time between sunrise and sunset, and execute the necessary work.
3. (3) In executing any work under this section as little damage as possible shall be done, and the owner or the occupier of the premises 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 re-instate 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; and
   • (c) pay compensation to any person who sustains damages by the execution of the said work.
4. (4) If the owner or occupier of the premises applies to the Commissioner to get the work executed by the Corporation, the Commissioner shall cause such work to be executed by municipal or other agency under his own supervision and may recover the expenses incurred thereby from such owner or occupier.
5. (5) If any land in which work has been executed under sub-section
6. (2) was unbuilt upon at the time of such execution and if at any time thereafter the owner or occupier thereof desires to erect a building thereon and applies to the Commissioner in this behalf, the Commissioner shall, by written notice, require the owner or occupier of the premises for the benefit of which such drains was constructed, to close remove or divert the same in such manner as may be approved by the Commissioner and to fill in reinstate, and make good the land as if the drain had not been carried into, through or under the same.