(1)

In exercise of the powers conferred by the last preceding section, as little damage as possible shall be done, and when the Commissioner has exercised those powers in respect of any property, other than the property vested in or belonging to the Government or any local authority, the Commissioner shall, after giving a reasonable opportunity to the persons concerned of being heard, by order determine the amount payable to them for any damage sustained by them by reason of the exercise of those powers.

(2)

Any person aggrieved by any order passed by the Commissioner under sub section (1) may, within thirty days from the receipt of such order, refer the matter for the decision on the Chief Judge of the Small Cause Court, whose decision shall be final and shall not be called in question in any suit or other legal proceeding in any Court:

Provided that, the Chief Judge shall not entertain any such reference, which is not made to him within the period specified in this sub-section and he shall summarily dismiss such reference.

(3)

Nothing contained in sub-sections (1) and (2) shall debar or prevent the Commissioner from continuing the digging, construction and maintenance of the tunnel or any other related work which he has undertaken in accordance with the decision of the Chief Judge under the last preceding section.]

Drains of Private Streets and Drainage of Premises