Section 311(4) in The Calcutta Municipal Corporation Act, 1980
(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.
