Adoption by 2Corporation of drains and drainage or sewage disposal works

§229

Summary

229. (1) Subject to the other provisions of this Act the 1[Municipal Commissioner] may at any time with the approval of the 2[Corporation] declare that any drain or part thereof or any drainage or sewage disposal works situate within the City or serving the City or any part thereof shall, from such date as may be specified in the declaration, become vested in the 2[Corporation]. (2) The 1[Municipal Commissioner] in deciding whether a declaration should be made under sub-section (1) shall have regard to all the circumstances of the case and, in particular, to the following considerations- (a) whether the drain or works in question is or are adapted to, or required for, any general system of drainage or drainage disposal or sewage disposal which the 1[Municipal Commissioner] has provided for the City or any part thereof ; (b) whether the drain is constructed under a street or under land reserved by or under the provision of this Act or any other law for the time being in force for a street. (c) the number of buildings which the drain is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings ; (d) the method of construction and state of repair of the drain or works ; and (e) whether the making of the proposed declaration would be seriously detrimental to the owner of the drain or works in question. (3) Whenever it is proposed to make a declaration under subsection (1), the 1[Municipal Commissioner] shall give written notice of the proposal to the owner or owners of the drain or works in question to show cause against it within a period of one month from the date of service and the declaration shall not be made until the expiry of the period aforesaid, or where any objection has been lodged until the objection has been disposed of. (4) Where a declaration referred to in sub-section (1) relates to a drain or drainage or sewage disposal works situate within the jurisdiction of some local authority other than the 2[Corporation] or situate within the City but serving an area, or part of an area, within the jurisdiction of such local authority, the 1[Municipal Commissioner] shall also give notice to that authority and no declaration shall be made until either that authority has consented thereto or the State Government has dispensed with the necessity of such consent, whether unconditionally or subject to the such conditions as it may think fit to impose. (5) No declaration under sub-section (1) shall be made with respect to any drain or part of a drain or any works as is or are vested in some local authority other than the 2[Corporation] or the Central Government or a Railway Administration, except on the request of the authority, the Government or Railway Administration, concerned. (6) Any person who, immediately before the making of a declaration under sub-section (1) was entitled to use the drain in question shall notwithstanding the declaration be entitled to use it, or any drain substituted therefor, to the same extent as previously.

229. (1) Subject to the other provisions of this Act the 1[Municipal Commissioner] may at any time with the approval of the 2[Corporation] declare that any drain or part thereof or any drainage or sewage disposal works situate within the City or serving the City or any part thereof shall, from such date as may be specified in the declaration, become vested in the 2[Corporation]. (2) The 1[Municipal Commissioner] in deciding whether a declaration should be made under sub-section (1) shall have regard to all the circumstances of the case and, in particular, to the following considerations- (a) whether the drain or works in question is or are adapted to, or required for, any general system of drainage or drainage disposal or sewage disposal which the 1[Municipal Commissioner] has provided for the City or any part thereof ; (b) whether the drain is constructed under a street or under land reserved by or under the provision of this Act or any other law for the time being in force for a street. (c) the number of buildings which the drain is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings ; (d) the method of construction and state of repair of the drain or works ; and (e) whether the making of the proposed declaration would be seriously detrimental to the owner of the drain or works in question. (3) Whenever it is proposed to make a declaration under subsection (1), the 1[Municipal Commissioner] shall give written notice of the proposal to the owner or owners of the drain or works in question to show cause against it within a period of one month from the date of service and the declaration shall not be made until the expiry of the period aforesaid, or where any objection has been lodged until the objection has been disposed of. (4) Where a declaration referred to in sub-section (1) relates to a drain or drainage or sewage disposal works situate within the jurisdiction of some local authority other than the 2[Corporation] or situate within the City but serving an area, or part of an area, within the jurisdiction of such local authority, the 1[Municipal Commissioner] shall also give notice to that authority and no declaration shall be made until either that authority has consented thereto or the State Government has dispensed with the necessity of such consent, whether unconditionally or subject to the such conditions as it may think fit to impose. (5) No declaration under sub-section (1) shall be made with respect to any drain or part of a drain or any works as is or are vested in some local authority other than the 2[Corporation] or the Central Government or a Railway Administration, except on the request of the authority, the Government or Railway Administration, concerned. (6) Any person who, immediately before the making of a declaration under sub-section (1) was entitled to use the drain in question shall notwithstanding the declaration be entitled to use it, or any drain substituted therefor, to the same extent as previously.

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