Section 161 in The Gujarat Municipalities Act, 1963
161. Powers for making and repairing drains.
(1)It shall be lawful for a municipality or any person acting under its authority to carry for any drainage purposes any drain, sewer, conduit; tunnel, culvert, pipe or watercourse through, across or under any street or any place laid out as or intended for a street, or under any cellar or vault which may be under any street, and, into, through or under any land whatsoever within the municipal borough after giving reasonable notice in writing to the owner or occupier of such land and after taking into consideration any objections made by the owner or occupier within the period specified in the notice.(2)A municipality, or any person acting under its authority, may construct a new drain in the place of an existing drain in any land wherein any drain vested in the municipality has been already constructed, or repair or alter any drain vested in the municipality or may discontinue, close up or destroy any such drain which in its or his opinion has become useless or unnecessary or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or surface drainage:Provided that if by reason of any such discontinuance, closing up, destruction or prohibition any person is deprived of the lawful use of any drain, the municipality shall, as soon as may be, provide for his use some other drain as effectual as the one which had been so discontinued, closed up, destroyed or the use of which has been prohibited.(3)In the exercise of any power under this section no unnecessary damage shall be done, and compensation which shall in case of dispute be ascertained and determined in the manner provided in section 268 shall be paid by the municipality to any person who sustains damage by the exercise of such power.
