Building Regulation

Power of private persons to carry a drain through the land of another person

§193

Summary

193. (1) Any person desiring that an existing or proposed drain on his land shall be carried through or under the under the building or land, or connected with the drain, or another person owning a building or land abutting on, or a drain connected with a municipal drain may apply to the Municipality. (2) The Municipality on receiving an application under subsection (1) may call upon the other person to show cause, within a specified period, why the applicant’s drain should not be carried through or under his building or land or connected with his drain. (3) The Municipality shall hear any objection made by such person if submitted within the specified period, and thereafter, if it considers that the drain or drainage connection should be made, shall record an order to this effect. (4) The order shall set out in writing - (a) the period within which the parties shall come to an agreement as to the construction of the drain or drainage connection ; (b) the period within which the drain or drainage connection shall be made ; (c) the respective responsibilities of the parties concerned for the maintenance, repair, and cleansing of the drain or drainage connection when made, and (d) the sum (if any) payable, whether in the form of rent of otherwise, by the person making the application to the owner of the land, building or drain, as the case may be. (5) If the sums awarded under clause (d) of sub-section (4) take the form of a lump payment, the Municipality may recover it in the manner provided by Chapter VI and pay any sum recovered to the person whom it is due. If a rent has been awarded, the person to whom it is due may recover it by suit in any civil court having jurisdiction. (6) If the parties concerned fail to agree within the period specified in the order, or if the drain or drainage connection is not constructed within the period specified for its construction, the Municipality may itself construct it and may recover the cost from the applicant in the manner provided by Chapter VI.

193. (1) Any person desiring that an existing or proposed drain on his land shall be carried through or under the under the building or land, or connected with the drain, or another person owning a building or land abutting on, or a drain connected with a municipal drain may apply to the Municipality. (2) The Municipality on receiving an application under subsection (1) may call upon the other person to show cause, within a specified period, why the applicant’s drain should not be carried through or under his building or land or connected with his drain. (3) The Municipality shall hear any objection made by such person if submitted within the specified period, and thereafter, if it considers that the drain or drainage connection should be made, shall record an order to this effect. (4) The order shall set out in writing - (a) the period within which the parties shall come to an agreement as to the construction of the drain or drainage connection ; (b) the period within which the drain or drainage connection shall be made ; (c) the respective responsibilities of the parties concerned for the maintenance, repair, and cleansing of the drain or drainage connection when made, and (d) the sum (if any) payable, whether in the form of rent of otherwise, by the person making the application to the owner of the land, building or drain, as the case may be. (5) If the sums awarded under clause (d) of sub-section (4) take the form of a lump payment, the Municipality may recover it in the manner provided by Chapter VI and pay any sum recovered to the person whom it is due. If a rent has been awarded, the person to whom it is due may recover it by suit in any civil court having jurisdiction. (6) If the parties concerned fail to agree within the period specified in the order, or if the drain or drainage connection is not constructed within the period specified for its construction, the Municipality may itself construct it and may recover the cost from the applicant in the manner provided by Chapter VI.

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