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| (1) |
If it appears to Chairperson that the only or most convenient
means of water supply to, and drainage of, any premises
is by placing or carrying any pipe or drains over, under,
along or across the immovable property of another person,
the Chairperson may, by order in writing, authorize
the owner of the 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 Chairperson shall
give to the owner of the immovable property a reasonable
opportunity of showing cause within such time as may
be prescribed by bye-laws made in this behalf as to
why the order should not be made:
Provided further that the owner of the premises shall
not acquire any right other than a right of user in
the property over, under, along or across which any
such pipe or drain is placed or carried.
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| (2) |
Upon
the making of an order, under sub-section (1), the owner
of the premises may, after giving reasonable notice
of his intention so to do, enter upon the 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 the same.
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| (3)
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In placing or carrying a pipe or drain under this section,
as little damage as possible shall be done to the immovable
property and the owner of the premises shall-
| (a) |
cause the pipe or drain to be placed or carried
with the least practicable delay;
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| (b) |
fill in, re-instate and make good at his own cost
and with the least practicable delay, any land
opened, broken up or removed for the purpose of
placing or carrying such pipe or drain; and
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| (c) |
pay
compensation to the owner of the immovable property
and to any other person who sustains damage by
reason of the placing or carrying of such pipe
or drain.
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| (d)
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the
respective responsibilities of the parties for
maintaining, repairing, flushing, cleaning and
emptying the aforesaid drain.
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| (4)
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If
the owner of the immovable property, over, under, along
or across which a pipe or drain has been placed or carried
under this section whilst such immovable property was
not built upon, desire to erect any building on such
property, the Chairperson shall, by notice in writing,
require the owner of the premises to close, remove or
divert the pipe or drain is such manner as shall be
approved by him and to fill in, re-instate and make
good the immovable property as if the pipe or drain
had not been place or carried over, under, along or
across the same:
Provided that no such requisition shall be made unless
in the opinion of the Chairperson 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.
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