(1) Where the
Commissioner either on receipt of an application from the owner of any premises
or otherwise is of opinion that the only or the most convenient means of
effectual drainage of the premises into Corporation drain is through a drain
belonging to another person, the Commissioner may by notice in writing require
the owner of such drain to show cause within a period specified in the notice
as to why an order under this section should not be made.
(2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid or insufficient the Commissioner may by order in writing either authorise the owner of the premises to use the drain or declare him to be joint owner thereof.
(3) An order made under sub-section (2) may contain directions as to––
(a) the payment of rent or compensation by the owner ;
(b) the construction of a drain for the premises for the purpose of connecting with the aforesaid drain ;
(c) the entry upon the land in which the aforesaid drain is situated with assistants and workmen at all reasonable hours ; and
(d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.
(2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid or insufficient the Commissioner may by order in writing either authorise the owner of the premises to use the drain or declare him to be joint owner thereof.
(3) An order made under sub-section (2) may contain directions as to––
(a) the payment of rent or compensation by the owner ;
(b) the construction of a drain for the premises for the purpose of connecting with the aforesaid drain ;
(c) the entry upon the land in which the aforesaid drain is situated with assistants and workmen at all reasonable hours ; and
(d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.