Section 311 in The Calcutta Municipal Corporation Act, 1980
311. Right of owner of premises to place pipes and drains through land belonging to other persons. -
(I)If it appears to the Municipal Commissioner that the only or most convenient means of water-supply to, and drainage of, any premises is by placing or carrying any pipe or drain over, under, along or across the immovable property of another person, the Municipal Commissioner, after giving to the owner of the immovable property a reasonable opportunity of stating any objection, may, if no objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the owner or the occupier of the premises to place or carry such pipe or drain over, under, along or across such immovable property in such manner as he may think fit to allow.(2)Upon the order in writing under sub-section (1), the owner or the occupier of the premises may, after giving reasonable notice in writing of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property or for the purpose of repairing the same.(3)In respect of the execution of any work under this section, the person in whose favour the Municipal CommissionerÂ’s order is made shall be subject to the same restrictions and liabilities which are specified in sub-section (4) of section 306.(4)If the owner of the immovable property over, under, along or across which a pipe or drain has been placed or carried under this section whilst such immovable property was not built upon desires to erect any building on such property, the Municipal Commissioner shall, by notice in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as may be approved by him and to fill in, reinstate and make good the immovable property as if the pipe or drain had not been placed or carried over, under, along or across the same :Provided that no such requisition shall be made unless in the opinion of the Municipal Commissioner it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted.
