249. (1) For the purpose of ventilating any drain or cesspool, whether belonging to the [Corporation] or to any other person, the [Municipal Commissioner] may erect upon any premises or affix to the outside any building or to any tree any such shaft or pipe as well appear to the [Municipal Commissioner] necessary and cut through any projection from any building including the eaves of any roof thereof in order to carry up such shaft or pipe through any such projection and lay in, though, or under any land such appliances as may in the opinion of the [Municipal Commissioner] be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated.
(2) Such shaft or pipe shall be erected or affixed or removed in such a manner as may be prescribed.
(3) If the [Municipal Commissioner] declines to remove a shaft or pipe when so required by the owner of the premises, building or tree, upon or to which the same has been erected or affixed, in accordance with the rules made in this behalf, the owner may within fifteen days of the receipt by him of the reply of the [Municipal Commissioner] apply to the Judge for an order that the same be removed.
(4) In the hearing and the disposal of the application under sub-section (3), the Judge shall follow such procedure as may be prescribed, and the order passed by the Judge shall be final and binding upon the parties.
(5) Where the owner of any building or land cut through, opened or otherwise dealt with under sub-section (1) is not the owner of the drain or cesspool intended to be ventilated, the [Municipal Commissioner] shall, so far as practicable, reinstate and made good such building, and fill in and make good such land, at the charge of the [Corporation] Fund.