Section 230(5) in The Mumbai Municipal Corporation Act, 1888
(5)If the owner of any land, into, through or under which a drain has been carried under this section whilst such land was unbuilt upon, shall, at any time afterwards, desire to erect a building on such land, the Commissioner shall, with the approval of the [Standing Committee] [These words were substituted for the words 'Member-in-charge' by Maharashtra 27 of 1999, Section 97(a) and 98, (w.e.f. 23-4-1999).], by written notice, require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove or divert the same in such manner as shall be approved by the [said Committee] [These words were substituted for the words 'said member-in-charge' by Maharashtra 27 of 1999, Section 97(b), (w.e.f. 23-4-1999).], and to fill in, reinstate and make good the land as if the drain had not been carried into, through or under the same:Provided that no such requisition shall be made, unless, in the opinion of the [Standing Committee] [These words were substituted for the words 'Member-in-charge' by Maharashtra 27 of 1999, Section 97(a) and 98, (w.e.f. 23-4-1999).], it is necessary or expedient, in order to admit of the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted.
