1 1272.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 1272 OF 2011 Mr.Prahaladray Nolakha. ... Appellant. V/s. Municipal Corporation for Greater Mumbai. ... Respondent. V.T.Dubey for the appellant. Ms.K.K.Soran for the respondent. CORAM: R.M.BORDE, J. DATED : 25th November 2011. P.C. : A notice under section 354 is issued by the Corporation directing the plaintiff to stop erection of building or work commenced or carried on. The said notice issued by the Municipal Corporation is a subject matter of challenge in L.C.Suit No.2493/2011 filed by the plaintiff. A notice of motion taken out by the plaintiff in the suit seeking ad-interim stay to the notice issued by the Corporation has been rejected by the trial Court in view of the order passed on 11th November 2011. The appellant/ plaintiff is not in a position to show authorization for carrying out work or necessary permission issued by the Municipal Corporation. 2 1272.11-ao 2. A reliance is placed by learned counsel for the appellant on the judgment in the matter of Shri Sopan Maruti Thopte v. Pune Municipal Corporation, 1996 (2) ALL MR 383; wherein the Division Bench of this Court has issued certain guidelines to be followed by the Municipal Corporations while taking action under section 351 of the Mumbai Municipal Corporation Act, 1888 (M.M.C.Act) or section 260 of the Bombay Provincial Municipal Corporation Act, 1949. It is the contention of the appellant that the directives issued by this Court have not been adhered to by the respondent Corporation. The impugned notice is issued under section 354A of the M.M.C.Act and the directives issued by this Court are in relation to observance of procedure while taking action under section 351 of the M.M.C.Act. The actions under section 351 and 354 of the M.M.C.Act are distinct. The judgment cited has no application to the facts of this case. No interference need be caused in respect of the impugned order. The appeal is devoid of any substance. 3. In the result, appeal from order is dismissed. In view of dismissal of appeal from order, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)