Section 306 in The Calcutta Municipal Corporation Act, 1980
306. Use of drain by a person other than the owner. -
(1)Any person desiring to drain his premises into a municipal drain through a drain of which he is not an owner may make a private arrangement with the owner for permitting his use of the drain or may apply to the Municipal Commissioner for authority to use such drain or to be declared joint owner thereof.(2)Where the Municipal Commissioner is of opinion, whether on receipt of an application under sub-section (1) or otherwise, that the only or the most convenient means by which the owner or the occupier of any premises can cause the drain of such premises to empty into a municipal drain is through a drain belonging to another person, the Municipal Commissioner, after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may, if no objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing either authorise the said owner or the occupier 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 with the communicating drain and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleansing and emptying the joint drain or otherwise as may appear to him equitable.(3)Every such order bearing the signature of the Municipal Commissioner shall be a complete authority to the person in whose favour it is made or to any agent or person employed by him for this purpose, after giving or tendering to the owner of the drain the compensation or rent specified in the said order and otherwise fulfilling as far as possible, the conditions of the said order and after giving to the owner of the drain reasonable written notice of his intention so to do, to enter upon the land in which the said drain is situate with assistants and workmen at any time between sunrise and sunset and, subject to the provisions of this Act, to do all such things as may be necessary for-(a)connecting the two drains; or(b)renewing, repairing or altering the connection; or(c)discharging any responsibility attaching to the person in whose favour the Municipal CommissionerÂ’s order is made for maintaining, repairing, flushing, cleansing or emptying the joint drain or any part thereof.(4)In executing any work under this section, as little damage as possible shall be done, and the owner or the occupier of the premises for the benefit of which the work is done shall-(a)cause the work to be executed with the least practicable delay;(b)fill in, reinstate and make good, at his own cost and with the least practicable delay, the ground or portion of any building or other construction opened, broken up or removed for the purpose of executing the said works;(c)pay compensation to any person who sustains damage by the execution of the said work.
