Section 295(5) in The Orissa Municipal Corporation Act, 2003
(5)If the owner of any vacant land, into, through or under which a drain has been carried under this Section shall, at any time afterwards, desire to erect a building on such land, the Commissioner shall, with the approval of the Standing Committee, by written notice, require the owner or occupier of the premises for whose benefit such drains was constructed to close, remove or divert the same in such manner as may be approved by the said Committee and to fill in, reinstate and make good the land as if the drain had not been carried into, through or under the same :Provided that no such requisition shall be made, unless, in the opinion of the Standing Committee, it is necessary or expedient in order to admit the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted.