Section 537 in The Orissa Municipal Corporation Act, 2003
537. Fillings in of pools etc. which are nuisance.
(1)For the purpose of this section if, -(a)any pool, ditch, tank, well, pond, quarry hole, drain, watercourse or any collection of water; or(b)any cistern or other receptacle of water or any article or thing capable of collecting rain-water during the monsoon season whether within or outside a building;(c)any land on which water accumulates or is likely to accumulate; or(d)any premises or any part of premises occupied or unoccupied, or under construction, re-construction or demolition, which in the opinion of the Commissioner is, or is likely to become a breading place of mosquitoes or other vermin shall be deemed to be a nuisance and shall include a nuisance as defined in clause (56) of Section 2.(2)The Commissioner, may by notice in writing, require the person by whose act or default a nuisance arises, exists or continues, or is likely to arise and the owner, lessee and occupier of the land building or premises on which the nuisance arises, or is likely to arise, or anyone or more of such person, to take such measures and execute such work, in such manner and within such period as the Commissioner may specify in such notice.(3)The Commissioner may also be notice under Sub-section (2) or by another notice served on such person, owner, lessee and occupier, or any one or more of them, to take all steps necessary to prevent a recurrence Of the nuisance and may, if he thinks, it is desirable, specify the work to be executed or measures to be carried out for that purpose, and may serve any such further notice notwithstanding that the nuisance may have been abated or removed, if he considers that it is likely to recur :Provided that if at any time within four months from the date of the service of any such notice, the nuisance recurrs through the failure of the person or person upon whom such notice has been served to comply with the requirements contained in such notice, such person or persons shall be liable to the penalties provided in this Act for offences committed under this section, without any further notice :Provided further that where the nuisance arises or exists or is likely to arise or recur in connection with the construction, reconstruction or demolition of any premises, or any part of any premises, the Commissioner may, in addition to serving any notice on any one or more of the persons mentioned in Sub-section (2), serve any such notice on any architect, contractor or other person employed to carry out such work of construction, reconstruction or demolition and also on any Sub-contractor employed by such contractor or other person, or any one or more of such contractors, persons and subcontractors.(4)If any person, who by a requisition is required to fill up, cover over a drain or a well, delivers to the Commissioner, within the time prescribed for compliance therewith, written objections to such requisition, the Commissioner shall report such objections to the Standing Committee and shall make further inquiry into the case, and if he, deems the execution of the work called for by such requisition to be of urgent importance, pending the Standing Committee's disposal of the objection whether the said well shall be permanently filled up covered over or otherwise dealt with, may cause such well to be securely covered over, so as to prevent the ingress of mosquitoes or other vermin and in every such case the Commissioner shall determine, with the approval of the Standing Committee, whether the expenses made in relation to such work, shall be paid by such person, or by the Commissioner out of the Corporation Fund or shall be shared, and, if so, in what proportions.
