Right of owners and occupiers of premises to carry drain through land belonging to other persons

§237

Summary

237. (1) If it shall appear to the 1[Municipal Commissioner] that the only means or the most convenient means by which the owner or occupier of any premises can cause his drain to empty into a 2[Corporation] drain or other place lawfully set apart for the discharge of drainage, is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the 1[Municipal Commissioner] may, by order in writing, authorize the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow. (2) No authorization shall be made under sub-section (1) except after notice to the owner of the land and considering the objection, if any, filed by him. (3) Every such order under sub-section (1) bearing the signature of the 1[Municipal Commissioner] shall be a complete authority to the person in whose favour it is made, or his agent or servant to enter after reasonable written notice, upon the said land with assistants and workmen, at any time between sunrise and sunset and to execute the necessary work. (4) Subject to the provisions of this Act, the owner or occupier of any premises, any agent or person employed by him for this purpose, may, after giving or tendering to the owner of any land, wherein a drain has been already lawfully constructed for the drainage of his said premises, reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen, at any time between sunrise and sunset and construct a new drain in the place of the existing drain or repair or alter any drain so constructed. (5) In executing any work under this section as little damage, as may be, shall be done, and the owner or 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, reinstate 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 ; (c) pay compensation to any person who sustains damage by the execution of the said work. (6) If the owner of any land, into, through or under which a drain has been carried under this section whilst such land was unbuilt upon, shall subsequently at any time desire to erect a building on such land, the 1[Municipal Commissioner] shall by written notice require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove or divert the same in such manner as shall be approved by the 1[Municipal 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 : Provided that no such requisition shall be made, unless, in the opinion of the 1[Municipal Commissioner] it is necessary or expedient, in order to admit of the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted.

237. (1) If it shall appear to the 1[Municipal Commissioner] that the only means or the most convenient means by which the owner or occupier of any premises can cause his drain to empty into a 2[Corporation] drain or other place lawfully set apart for the discharge of drainage, is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the 1[Municipal Commissioner] may, by order in writing, authorize the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow. (2) No authorization shall be made under sub-section (1) except after notice to the owner of the land and considering the objection, if any, filed by him. (3) Every such order under sub-section (1) bearing the signature of the 1[Municipal Commissioner] shall be a complete authority to the person in whose favour it is made, or his agent or servant to enter after reasonable written notice, upon the said land with assistants and workmen, at any time between sunrise and sunset and to execute the necessary work. (4) Subject to the provisions of this Act, the owner or occupier of any premises, any agent or person employed by him for this purpose, may, after giving or tendering to the owner of any land, wherein a drain has been already lawfully constructed for the drainage of his said premises, reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen, at any time between sunrise and sunset and construct a new drain in the place of the existing drain or repair or alter any drain so constructed. (5) In executing any work under this section as little damage, as may be, shall be done, and the owner or 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, reinstate 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 ; (c) pay compensation to any person who sustains damage by the execution of the said work. (6) If the owner of any land, into, through or under which a drain has been carried under this section whilst such land was unbuilt upon, shall subsequently at any time desire to erect a building on such land, the 1[Municipal Commissioner] shall by written notice require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove or divert the same in such manner as shall be approved by the 1[Municipal 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 : Provided that no such requisition shall be made, unless, in the opinion of the 1[Municipal Commissioner] it is necessary or expedient, in order to admit of the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted.

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