9. Earth works, etc., adversely affecting drainage system
Feedback & supportNo person shall carry out any earth works or construction works which will adversely affect any drain or drainage system in the vicinity either directly or indirectly without seeking the prior permission of the Director who may impose such conditions as he thinks fit in granting the permission.
Where any person contravenes subsection (1), the Director may by notice in writing require that person or the owner or occupier of any premises in respect of which the earth works or construction works are carried out to carry out such drainage works as he may think necessary at their expense.
Director
“Director” means the Director of Water Pollution Control and Drainage appointed under section 3 and includes a Deputy Director and an Assistant Director of Water Pollution Control and Drainage;
If the notice is not complied with, the Director may carry out the drainage works described in the notice and may, subject to subsection (4), recover the expenses reasonably incurred in so doing from the person on whom the notice was served.
drainage works
“drainage works” includes any engineering works in the improvement, maintenance and construction of any drain, canal, culvert, bridge, railings enclosing a canal or drain, sump, canal or river wall, tide-gate, pumping station used to control the level of water in a drain, weir, gauge, and any other structure built for the purpose of conveying, storing or measuring storm water and flood alleviation;
In any proceedings to recover expenses under this section the court may inquire —
whether any requirement specified in a notice served under this section was reasonable; and
whether those expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings,and the court may make such order concerning the expenses or their apportionment as appears to the court to be just:Provided that the court shall not order the expenses or any part thereof to be borne by any person other than the defendant in the proceedings unless the court is satisfied that that other person has had due notice of the proceedings and an opportunity of being heard.