Power to authorise owner.-

(1) If it appears to the Chief Officer of a Municipality 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 Chief officer may, by order in writing, authorise the owner of 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 Chief Officer shall, give to the owner of the immovable property, a reasonable opportunity of showing cause within such time, as may be specified by regulations 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.

1. (2) Upon the making of an order sub-section (1), the owner of the premises may, after giving reasonable notice of his intension to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset 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, any land opened, broke up or removed for the purpose ofplacing or carrying such pipe or drain; and
   • (c) pay compensation to be 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.
2. (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, whilst such immovable property was not, built upon, desire to erect any building on such property, the Chief Officer shall, by notice in writing, require the owner of the premises to lose, 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 Chief Officer 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.