Section 229(2) in Uttar Pradesh Municipal Corporation Act, 1959
(2)The Municipal 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 Municipal Commissioner has provided for the City or any part thereof;(b)whether the drain is constructed under a street or under land reserved by or under the provision of this Act or any other law for the time being in force for a street;(c)the number of buildings which the drain in 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.
