State Act

The Mumbai Municipal Corporation Act.

3[257. Commissioner may requires repairs, etc., to be made.— (1) when the result of such inspection and examination as aforesaid is as described in section 256, the Commissioner may— (a) by written notice require the owner of the premises or the several owners, of the respective premises in which the drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situate, or for the benefit of which the same has been constructed, erected or set up, (i) to close or remove the same or any encroachment thereupon or 4[subject to the proviso to clause (c) of section 258, to remove any projection over the same, or] (ii) to renew, repair, cover, recover, trap, ventilate, pave and pitch or take such other order with the same as he shall think fit to direct and to fill in, reinstate and make good the ground, building or thing opened, broken up or removed for the purpose of such inspection and examination, and (b) without notice, close, fill up or demolish any drain by which sullage or sewerage is carried through, from, into or upon any premises in contravention of any of the provisions of this Chapter, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or owners. (2) Any requisition under clause (a) of sub-section (1) in respect of any drain which has been constructed, erected or set-up, or which is continued for the sole use and benefit of a property or for the exclusive use and benefit of two or more properties, may include any extension thereof beyond such property or properties, if and so far as such extension has been constructed, erected or set-up, or is continued for the sole use and benefit of such property or properties].