Section 298 in The Chhattisgarh Municipalities Act, 1961
298. Council in default of owner or occupier may execute works and recover expenses.
(1)Whether under the provisions of this Act any work is required to be executed by the owner or occupier of any building or land and the default is made in execution of such work, the Council whether any penalty is, or is not provided for such default, may cause such work to be executed ; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII either in one sum or by installment as the Council may deem fit:Provided that-(a)where any Drainage Scheme or Water Works Scheme has been commenced by any Council, it shall be lawful for the Council, without prejudice to its power under Section 201 or any other provision of this Act, to make a special agreement with the owner of any building or land as to the manner in which the Drainage and Water connection thereof shall be carried out, and the pecuniary or other assistance, if any, which the Council shall render, and any payment agreed upon by the owner shall be recovered in accordance with the terms of such agreement or in default in the manner prescribed in sub-sections (2) and (3);(b)where an order or requisition has been passed under sub-section (1) of Section 180, sub-section (3) of Section 187, or under Sections 200, 203, 208/ or 209 or where permission has been given under Section 207 or where an arrangement has been made under clause (a) the Council may, without prejudice to any other powers under this Act, if it thinks fit, declare any expenses incurred by the Council, in the execution of such order or in the carrying out of such requisition, permission or arrangement to be improvement expenses. Improvement expenses shall be charged upon the premises or land, and shall be levied in such installments as the Council may decide including interest at the rate of 6 ¼ per cent per annum, and shall be recoverable in the manner described in sub-sections (2) and (3).(2)If the defaulter be the owner of the building or land the Council may by way of additional remedy, whether a suit or proceeding has been brought or taken against such owner or not, require, subject to the provisions of sub-section (3), the payment of all or any part of the expenses payable by the owner for the time being from the person who then, or any time thereafter, occupies the building or land under such owner; and in default of payment thereof by such occupier on demand, the same may be levied from such occupier, and every amount so leviable shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII; every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as has been so paid by or recovered from such occupier in respect of any such expenses.(3)No occupier of any land or building shall be liable to pay more money in respect of any expenses charged by this Act on the owner thereof, than the amount of rent which is due from such occupier for the building or land in respect of which such expenses are payable, at the time of the demand made upon him or which at any time after such demand and notice not to pay rent to the landlord has accrued and become payable by such occupier, unless he neglects or refuses upon application made to him for this purpose by the Council, truly to disclose the amount of his rent, and the name and the address of the person to whom such rent is payable; but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand, or which has since accrued, shall be upon such occupier:Provided that nothing herein contained shall be taken to affect any special contract made between any such occupier and the owner respecting the payment of any such expenses as aforesaid.
