Section 28H in Karnataka Urban Water Supply and Drainage Board Act, 1973
28H. Drainage of premises etc.
(1)(a)Subject to such conditions as may be prescribed by regulations made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within a local area may apply to the Board to have his drain made to communicate with the Board sewers and thereby to discharge foul water and surface water from that premises or that private drain:Provided that nothing in this sub-section shall entitle any person to discharge directly or indirectly into any Board sewer,-(i)any trade effluent from any trade premises except in accordance with the regulations made in this behalf; or(ii)any liquid or other matter the discharge of which into Board sewers is prohibited by or under this Act or any other law.(b)Any person desirous of availing himself of the provisions of clause (a) shall give to the Board notice of his proposal, and at any time within one month after receipt thereof, the Board may, by notice to him, refuse to permit the communication to be made, if it appears to it that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the sewerage system and for the purpose of examining the mode of construction and condition of the drain it may, if necessary, require it to be laid open for inspection.(c)The Board may, if it thinks fit, construct such part of the work necessary for connecting a private drain with a Board sewer as is in or under a public street and in such a case, the expenses incurred by the Board shall be paid by the owner or occupier of the premises, or, as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrear of charges payable under this Act.(2)(a)Where any premises are, in the opinion of the Board, without sufficient means of effectual drainage and a Board sewer or some place approved by the Board for the discharge of filth and other polluted and obnoxious matter is situated at a distance not exceeding thirty five meters from any part of the said premises, it may, by written notice, require the owner of the said premises,-(i)to make a drain emptying into such Board sewer or place;(ii)to construct a closed cesspool or soakage pit and fitting as may appear to the Board to be necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matter from and conveying the same off the said premises and effectually flushing such drain and every fixture connected therewith;(iii)to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health;(iv)to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health;(v)to provide and set up all such appliances and fittings as may appear to the Board to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed, and conveying the same through spouts by down-take pipes so as to prevent such waste water from discharging directly on streets or inside any lower portion of the premises;(vi)to carry out any work to improve or remodel an existing drain which is inadequate, insufficient or faulty.(b)Where, in any case not provided for in clause (a), any premises are, in the opinion of the Board, without sufficient means of effectual drainage, it may, by written notice, require the owner of the premises,-(i)to construct a drain upto a point to be prescribed in such notice but not at a distance of more than thirty five meters from any part of the premises; or(ii)to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit.(c)Any requisition for the construction of any drain under clause (b) may contain any of the details specified in clause (a).(3)(a)In areas in which Board sewers are provided it shall not be lawful to erect or to re-erect any premises or to occupy any such premises unless,-(i)a drain be constructed of such size, materials and descriptions, at such level and with such fall as shall appear to the Board to be necessary for the effectual drainage of such premises;(ii)there have been provided and set up on such premises such appliances and fittings as may appear to the Board to be necessary for the purposes of gathering or receiving the filth and other polluted matters and obnoxious matters from and conveying the same off the said premises and effectually flushing the drain of the said premises and every fixture connected therewith.(b)The drain so constructed shall empty into a Board sewer.(c)The provisions of this sub-section shall be applicable to premises any part of which is situated within a distance of thirty five meters from a Board sewer.(4)Where a drain connecting any premises with a Board sewer is sufficient for the effectual drainage of such premises and is otherwise unobjectionable, but, is not, in the opinion of the Board, adapted to the general system of sewerage in the local area it may by written notice addressed to the owner of the premises, direct,-(a)that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or(b)that such drain shall, from such date as may be specified in the notice in this behalf, be used for the drainage of filth and polluted water only or of rain water and unpolluted sub-soil water only:Provided that, -(i)no drain may be closed, discontinued or destroyed by the Board under clause (a) except on condition of its providing another drain equally effectual of the drainage of the premises and communicating with any Board sewer which it thinks fit; and(ii)the expenses of the construction of any drain so provided by the Board and of any work done under clause (a) shall be borne by the Board.]
