Section 238(1) in The Mumbai Municipal Corporation Act, 1888
(1)[Where the Commissioner is of opinion, whether on receipt of such application or otherwise, that the only, or the most convenient, means by which the owner or occupier of any premises can cause the drain of such premises to empty into a municipal drain or other place legally set apart for the discharge of drainage is through a drain communicating with such municipal drain or place aforesaid, but belonging to some person other than the said owner or occupier] [These words were substituted for the original words by Bombay 5 of 1905, Section 23(a).] the Commissioner; after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may, with the approval of [the Standing Committee] [These words were substituted for the words 'the Member-in-Charge' by Maharashtra 27 of 1999, Section 101, (w.e.f. 23-4-1999).], if no objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, either authorize the [said owner or occupier] [These words were substituted for the original words by Bombay 5 of 1905, Section 23(b)(i).] to use the drain or declare him to be a joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting the drain of the [said premises] [These words were substituted for the original words by Bombay 5 of 1905, Section 23(b)(i).] with the [communicating drain] [These words were substituted for the original words by Bombay 5 of 1905, Section 23(b)(ii).] and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the joint drain, or otherwise, as may appear to him equitable.
