158Unauthorised construction or tree over drain or water-works

(1) Where any road or way has been made or any building, wall or other structure has been erected or any tree has been planted over a public drain culvert or a water-work vested in the municipality, without the permission in writing of the municipality, the municipality may without prejudice to the generality of the other provision of this Act--

(a) by notice require the person who has made the road, erected the structure or planted the tree, or the owner or occupier of the land on which, the road has been made, structure erected or tree planted, to remove or deal in any other way as the municipality thinks fit with the road, structure or tree; or

(b) itself remove or deal in any other way as it thinks fit with the road, structure or tree.

(2) Any expense incurred by a municipality for action taken under clause (b) of sub-section (1) shall be recoverable from the person by whom the road or way made, structure erected or tree planted.