Section 244 in The Mumbai Municipal Corporation Act, 1888
244. Affixing of pipes for ventilation of drains, etc.
(1)For the purpose of ventilating any drain or cesspool, whether belonging to the corporation or to any other person, the Commissioner may erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as shall appear to the Commissioner necessary [and cut through any projection from any building (including the eaves of any roof thereof) in order to carry up such shaft or pipe through any such projection; and lay in, through, or under any land, such appliances as may in the opinion of the Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated] [These words were added by Bombay 5 of 1905, Section 26(a).]:(2)Provided that any shaft or pipe so erected or affixed shall-(a)be carried at least [fifteen] [The word 'fifteen' was substituted for the word 'ten' by Bombay 5 of 1905, Section 26(b).] feet higher than any sky-light or window situated within a distance of [forty] [The word 'forty' was substituted for the word 'twenty' by Bombay 5 of 1905, Section 26(b).] feet therefrom;(b)if the same be affixed to a wall supporting the eave of a roof, be carried at least five feet higher than such eave;(c)be erected or affixed so as to create the least practicable nuisance or inconvenience to the inhabitants of the neighbourhood;(d)be removed by the Commissioner to some other place, if at any time the owner of the premises, building or tree upon or to which the same has been erected or affixed is desirous of effecting any change in his property which either cannot be carried out, or cannot without unreasonable inconvenience be carried out, unless the shaft or pipe is removed.(3)If the Commissioner declines to remove a shaft or pipe under clause (d), the owner of the premises, building or tree, upon or to which the same has been erected or affixed, may apply to the Chief Judge of the Small Cause Court; and the said Chief Judge may, after such inquiry as he thinks fit to make, direct the Commissioner to remove the shaft or pipe and it shall be incumbent on the Commissioner to obey such order.(4)[ Where the owner of any building or land cut through, opened or otherwise dealt with under sub-section (1) is not the owner of the drain or cesspool intended to be ventilated, the Commissioner shall, so far as is practicable, reinstate and make good such building, and fill in and make good such land, at the charge of the municipal fund.] [Sub-section (4) of section 244 was added by Bombay 5 of 1905, Section 26(c).]Disposal of Sewage
