193. Power of private person to carry a drain through the land of another person.
(1)Any person desiring that an existing or proposed drain on his land shall be carried through or under the building or land, or connected with the drain, of another person owning a building or land abutting on, or a drain connected with a municipal drain my apply to the [Municipality] [Substituted by U.P. Act No. 12 of 1994.].(2)The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] on receiving an application under sub-section (1) may call upon the other person to show cause, within specified period, why the applicant's drain should not be carried through or under his building or land or connected with his drain.(3)The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall hear any objection made by such person if submitted within the specified period, and thereafter, if it considers that the drain or drainage connection shall be made, shall record and order to this effect.(4)The order shall set out in writing, -(a)the period within which the parties shall come to an agreement as to the construction of the drain or drainage connection;(b)the period within which the drain or drainage connection shall be made;(c)the respective responsibilities on the parties concerned for the maintenance, repair and cleansing of the drain or drainage connection when made; and(d)the sum (if any) payable, whether in the form of rent or otherwise, by the person making the application to the owner of the land, building or drain, as the case may be.(5)If the sum awarded under clause (d) of sub-section (4) takes the form of a lump payment, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may recover it in the manner provided by Chapter VI and pay any sum recovered to the person to whom it is due. If a rent has been awarded, the person to whom it is due may recover it by suit in any civil court having jurisdiction.(6)If the parties concerned fail to agree within the period specified in the order, or if the drain or drainage connection is not constructed within the period specified for its construction, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may itself construct it and may recover the cost from the applicant in the manner provided by Chapter VI.
