Section 154 in The Maharashtra Municipal Corporations Act, 1949
154. Adoption by Corporation of drains and drainage or sewage disposal works. - (1) The Commissioner may at any time with the approval of the Corporation declare that any drain or part thereof or any drainage or sewage disposal works situate within the City or serving the City or any part thereof shall, from such date as may be specified in the declaration, become vested in the Corporation:
Provided that, when the Commissioner proposes to make a declaration under this sub-section, he shall give written notice of the proposal to the owner or owners of the drain or works in question and shall take no further action in the matter until either one month has elapsed without an objection against his proposal being lodged under sub-section (2), or, as the case may be, until any objection so lodged has been duly considered.(2)An owner aggrieved by the proposal of the Commissioner to make a declaration under sub-section (1) may, within one month after notice of the proposal is served upon him, appeal to the [State] Government or to such officer of the [State] Government as the [State] Government may designate by order in the Official Gazette, in this behalf and shall, if he so appeals, give written intimation of the fact to the Commissioner.(3)After consideration of an appeal under sub-section (2), and after making such inquiries as may be necessary, the [State] Government or the said officer may with due regard to the provisions of sub-section (4), allow or disallow the proposal of the Commissioner and may, if it or he thinks fit, specify conditions, including conditions as to the payment of compensation by the Commissioner, subject to which it or he allows the proposal.(4)The Commissioner in deciding whether a declaration should be made under sub-section (1) shall have regard to all the circumstances of the case and, in particular, to the following considerations :-(a)whether the drain or works in question is or are adapted to, or required for, any general system of drainage or drainage disposal or sewage disposal which the Commissioner has provided, or proposes to provide, for the City or any part thereof;(b)whether the drain is constructed under a street or under land reserved by or under the provisions of this Act or any other law for the time being in force for a street;(c)the number of buildings which the drain is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings;(d)the method of construction and state of repair of the drain or works; and(e)whether the making of the proposed declaration would be seriously detrimental to the owner of the drain or works in question.(5)Any person who immediately before the making of a declaration under subsection (1) was entitled to use the drain in question shall be, entitled to use it, or any drain substituted therefor, to the same extent as if the declaration had not been made.(6)When the Commissioner is about to take into consideration the question of making a declaration under sub-section (1) with respect to a drain or drainage or sewage disposal works situate within the jurisdiction of some local authority other than the Corporation or situate within the City but serving an area, or part of an area, within the jurisdiction of such local authority, he shall give notice to that authority and no declaration shall be made by him until either that authority has consented thereto or the [State] Government on an application made to it, has dispensed with the necessity of such consent, either unconditionally or subject to such conditions as it may think it to impose.(7)When the Commissioner has made a declaration under sub-section (1) with respect to a drain or drainage disposal or sewage disposal works situate within the jurisdiction of some local authority other than the Corporation he shall forthwith give notice of the fact to such authority.(8)The Commissioner shall not make a declaration under sub-section (1) with respect to any drain or part of a drain or any works if that drain or part of a drain or those works is or are vested in some local authority other than the Corporation or in the Central Government or a railway administration, except on the request of the authority, Government or administration concerned.
