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State of Uttar Pradesh - Section

Section 249 in Uttar Pradesh Municipal Corporation Act, 1959

249. Affixing of pipes for ventilation of drains, etc.

(1)For the purpose of ventilating any drain or cesspools whether belonging to the Corporation or to any other person, the Municipal Commissioner may erect upon any premises or affix to the outside any building or to any tree any such shaft or pipe as shall appear to the Municipal Commissioner necessary and cut through any projection from any building including the caves 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 Municipal Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated.
(2)Such shaft or pipe shall be erected or affixed or removed in such a manner as may be prescribed.
(3)If the Municipal Commissioner declines to remove a shaft or pipe when so required by the owner of the premises, building or tree, upon or to which the same has been erected or affixed in accordance with the rules made in this behalf, the owner may within fifteen days of the receipt by him of the reply of the Municipal Commissioner apply to the Judge for an order that the same be removed.
(4)In the hearing and the disposal of the application under sub-section (3), the Judge shall follow such procedure as may be prescribed, and the order passed by the Judge shall be final and binding upon the parties.
(5)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 Municipal Commissioner shall, so far as practicable, reinstate and make good such building, and fill in and make good such land, at the charge of the Corporation Fund."Judge" as defined in Section 2(32), means the Judge of the Court of Small Causes having jurisdiction in the City under the Provincial Small Cause Courts Act, 1887.Disposal of Sewage