Section 238 in The Mumbai Municipal Corporation Act, 1888
238. Commissioner may authorise person other than the owner of a drain to use the same or declare him to be a joint owner thereof.
(1)[Where the Commissioner is of opinion, whether on receipt of such application or otherwise, that the only, or the most convenient, means by which the owner or occupier of any premises can cause the drain of such premises to empty into a municipal drain or other place legally set apart for the discharge of drainage is through a drain communicating with such municipal drain or place aforesaid, but belonging to some person other than the said owner or occupier] [These words were substituted for the original words by Bombay 5 of 1905, Section 23(a).] the Commissioner; after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may, with the approval of [the Standing Committee] [These words were substituted for the words 'the Member-in-Charge' by Maharashtra 27 of 1999, Section 101, (w.e.f. 23-4-1999).], if no objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, either authorize the [said owner or occupier] [These words were substituted for the original words by Bombay 5 of 1905, Section 23(b)(i).] to use the drain or declare him to be a joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting the drain of the [said premises] [These words were substituted for the original words by Bombay 5 of 1905, Section 23(b)(i).] with the [communicating drain] [These words were substituted for the original words by Bombay 5 of 1905, Section 23(b)(ii).] and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the joint drain, or otherwise, as may appear to him equitable.(2)Every such order bearing the signature of the Commissioner shall be complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving or tendering to the owner of the drain the compensation or rent specified in the said order and otherwise fulfilling, as far as possible, the conditions of the said order, and after giving to the owner of the drain reasonable written notice of his intention so to do, to enter upon the land in which the said drain is situate, with assistants and workmen, at any time between sunrise and sunset, and, subject to all provisions of this Act, to do all such things as may be necessary for -(a)connecting the two drain; or(b)renewing, repairing or altering the connection; or(c)discharging any responsibility attaching to the person in whose favour the Commissioner's order is made for maintaining, repairing, flushing, cleaning or emptying the joint drain or any part thereof.(3)In respect of the execution of any work under subsection (2), the person in whose favour the Commissioner's order is made shall be subject to the same restrictions and liabilities which are specified in sub-section (4) of section 230.
