Section 236 in Karnataka Municipal Corporations Act, 1976
236. Power of owner of premises to lay sewer through land belonging to other persons.
(1)If it appears to the Commissioner that the only or more convenient means of sewerage of any premises is by laying any sewer over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to lay or carry such sewer over, under, along or across such immovable property:Provided that before making any such order the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within forty-five days as to why such an 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 sewer is laid.(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 purposes of laying a sewer over, under, along or across such immovable property or for the purpose of repairing the same.(3)In laying a sewer 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 sewer to be laid with the least practicable delay;(b)fill in, reinstate and make good at his own cost and with the least practicable delay, any land opened, broken up or removed for the purpose of laying such sewer; and(c)pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the laying of such sewer.(4)If the owner of the immovable property, over, under, along or across which a sewer has been laid under this section whilst such immovable property was not built upon desires to erect any building on such property, the Commissioner shall, by notice in writing, require the owner of the premises to close, remove or divert the sewer in such manner as shall be approved by him and to fill in, reinstate and make good the immovable property as if the sewer had not been laid over, along or across the same:Provided that no such requisition shall be made unless in the opinion of the Commissioner it is necessary to expedient for the construction of the proposed building or the safe enjoyment thereof that the sewer should be closed, removed or diverted.
