Section 191 in The City of Nagpur Corporation Act, 1948
191. Affixing of pipes for ventilation of drains. - (1) For the purpose of ventilating any drain, whether belonging to the Corporation or any other person, the [Commissioner] may, after giving not less than four days' written notice to the occupiers of the premises, erect upon any premises or affix to the outside of any building, or to any trees, any such shaft or pipe as may appear to him necessary and may cut through any projection from any building (including the eaves of any roof thereof) in order to carry up such shaft or pipe through any such projection and may lay in, through or under any land such appliances as may in opinion of the [Commissioner] be necessary for connecting such ventilating shaft or pipe with the drain intended to be ventilated.
(2)Any shaft or pipe so erected or affixed shall -(a)be carried at least fifteen feet higher than any sky-light or window situated within a distance of forty feet-therefrom;(b)if the same be fixed to a wall supporting the eaves of a roof, be carried at least five feet higher than such eaves; and(c)be removed by the [Commissioner] to some other place, if at any time the owner of the aforesaid premises, building or tree is desirous of effecting any change in his property which cannot without unreasonable inconvenience be carried out unless the shaft or pipe is removed.(3)If the [Commissioner] declines to remove a shaft or pipe under clause (c) of sub-section (2), the owner of the aforesaid premises, building or tree may apply to the District Court, Nagpur, and the said Court may, after such enquiry as it thinks fit to make, direct the [Commissioner] to remove the shaft or pipes, and it shall be incumbent on the [Commissioner] to obey such order.(4)Where the owner of any building or land cut through, opened or otherwise dealt with under sub-section (1) is not the owner of the drain intended to be ventilated, the [Commissioner] shall, so far as is practicable, reinstate and make good such buildings and fill in and make good such land at the cost of the municipal fund.
