Section 28C in Karnataka Urban Water Supply and Drainage Board Act, 1973
28C. Power to lay mains, etc.
(1)Notwithstanding anything contained in any law for the time being in force, the Board may, whether within or without the limits of any local area, lay such mains or service pipes or other water fittings, and sewers as it may deem necessary,-(a)in any street or any land vested in the Government, or any local authority or any other authority owned or controlled by the Government;(b)with the consent of the owner and occupier on any land not forming part of a street and may, from time to time, inspect, repair, alter or renew or may, at any time, remove any main or sewer so laid whether by virtue of this section or otherwise :Provided that where a consent required for the purpose of this sub-section is withheld, the Board may, after giving the owner or occupier of the land a written notice of its intention so to do, lay the main or sewer in, over or on that land even without such consent.(2)Where the Board, in exercise of the powers under this section, lays a main or sewer in, over or on any land not forming part of a street or land referred to in clause (a) of sub-section (1) or inspect, repairs, alters, renews or removes a main or sewer so laid in, over or on any such land, it shall pay compensation to every person interested in that land for any damage done to that land by reason of the inspection, laying, repair, alteration, renewal or removal of the main or sewer.(3)(a)If it appears to the Board that the only or the most convenient means of water supply to or sewerage of any premises is by laying any pipe or sewer over, under, along or across the immovable property of another person, the Board may, by order in writing, authorize the owner of the premises to lay or carry such pipes or sewers over, under, along or across such immovable property :Provided that before making any such order, the Board shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by regulations made in this behalf as to why the 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 pipe or sewer is laid.(b)Upon the making of an order under clause (a), 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 purpose of laying a pipe or severe, over, under, along or across such immovable property or for the purpose of repairing the same.(c)In laying a pipe or sewer under this sub-section as little damage as possible shall be done to the immovable property and the owner of the premises shall,-(i)cause the pipe or sewer to be laid with the least practicable delay;(ii)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 pipe or sewer;(iii)pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the laying of such pipe or sewer.(d)If the owner of the immovable property over, under, along or across which a pipe or sewer has been laid under this sub-section whilst such immovable property was not built upon desires to erect any building on such property, the Board shall, by notice in writing, require the owner of the premises to close, remove or divert the pipe or sewer in such manner as shall be approved by it and to fill in, reinstate and make good the immovable property as if the pipe or sewer had not been placed or carried over, under, along or across the same :Provided that no such requisition shall be made unless in the opinion of the Board it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or sewer should be closed, removed or diverted.
