Power of Owner of Premises to Place Pipes and Drains Through Land Belonging to Other Persons.

- (1) If it appears to the Chief Municipal Officer that the only or the most convenient means of drainage of, any premises is by placing or carrying any pipe or drain over, under, along or across the immovable property of another person, the Chief Municipal Officer may, by order in writing, authorize the owner of such premises to place or carry such pipe or drain over, under, along or across such immovable property: Provided that before making any such order, the Chief Municipal Officer shall give to the owner of the immovable property a reasonable opportunity of showing cause, within such time as may be specified by him by order in writing, as to why the order should not be made: Provided further that the owner of the premises shall not acquire any right, other than the right of a user, in such immovable property over, under, along or across which any such pipe or drain is placed or carried. (2) Upon the order under sub-section (1), the owner of the premises may, after giving a reasonable notice of his intention so to do, enter upon such immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property or for the purpose of repairing such pipe or drain. (3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done to such immovable property, and the owner of the premises shall- (a) cause the pipe or drain to be placed or carried with the least possible delay; (b) fill in, reinstate, and make good, at his own cost and with the least possible delay, any land opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and (c) pay compensation to the owner of such immovable property and to any other person, who sustains damage by reason of the placing or carrying of such pipe or drain. (4) If the owner of such immovable property over, under, along or across which a pipe or drain has been placed or carried under this section, while such immovable property was not built upon, desires to erect any building on such immovable property, the Chief Municipal Officer shall, by notice, in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in, reinstate and make good such immovable property as if the pipe or drain had not been placed or carried over, under, along or across such immovable property: Provided that no action under this sub-section shall be taken unless, in the opinion of the Chief Municipal Officer, it is necessary or expedient for the construction of the proposed building, or the safe enjoyment thereof, that the pipe or drain should be closed, removed or diverted.