Section 264 in Chennai City Municipal Corporation Act, 1919
264. Power to order filling in of pools etc., which are a nuisance and regulation of agriculture within city.
(1)If in the opinion of the commissioner-(a)any pool, ditch, tank, well, pond, bog, swamp, quarry-hole, drain, cess pool, pit, water-course, or any collection of water, or(b)any land on which water may, at any time, accumulate,is or is likely to become a breeding place of mosquitoes or in any other respect a nuisance, the commissioner may, by notice, require the owner or person having control thereof to fill up, cover over, weed, stock with larvicidal fish, treat with kerosene oil, drain or drain off the same in such manner and with such materials as the commissioner shall direct, or to take such order with the same for removing or abating the nuisance as the commissioner shall direct.(2)If a person on whom a requisition is made under sub-section (1) to fill up, cover over or drain off a well, delivers to the commissioner, within the time fixed for compliance therewith, written objections to such requisition, the commissioner shall report such objections to the [standing committee] [Substituted for 'circle committee concerned' by Tamil Nadu Act 22 of 1971.] and shall make further inquiry into the case, and he shall not institute any prosecution [***] [Omitted by section 129 of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).] for failure to comply with such requisition except with the approval of the [standing committee] [Substituted for 'circle committee concerned' by Tamil Nadu Act 22 of 1971.] but the commissioner may, nevertheless, if he deems the execution of the work called for such requisition to be of urgent importance, proceed in accordance with section 380 and pending the [standing committee's] [Substituted for 'circle committee concerned' by Tamil Nadu Act 22 of 1971.] disposal of the question whether the said well shall be permanently filled up, covered over, or otherwise dealt with, may cause such well to be securely covered over so as to prevent the ingress of mosquitoes and in every such case, the commissioner shall determine, with the approval of the [standing committee] [Substituted for 'circle committee concerned' by Tamil Nadu Act 22 of 1971.] whether the expenses of any work already done as aforesaid shall be paid by the owner or by the commissioner out of the municipal fund or shall be shared and, if so, in what proportions.(3)On the report of the health officer that the cultivation of any specified crop, or the use of any specified manure, or the irrigation of land in any place within the limits of the city is injurious to the public health, the council may, with the previous sanction of the [State Government] [The words 'Provincial Government were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.], by public notice regulate or prohibit the cultivation, use of manure, or irrigation so reported to be injurious:Provided that when such cultivation or irrigation has been practised during the five years preceding the date of such public notice with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested for any damage caused to them by such prohibition.
