bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO. 641 OF 2007 FROM ORDER NO. 641 OF 2007 FROM ORDER NO. 641 OF 2007 Mohamed Ishaq Ali Vadgama alias Mohamedbhai ... Appellant v/s Municipal Corpn. for Gr. Bombay ... Respondent Mr.A.S.Khatib for the appellant. Mrs.Geeta Joglekar for the Municipal Corporation. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 25TH JULY, 2008 25TH JULY, 2008 25TH JULY, 2008 P.C. P.C. P.C.: 1. The appellant has filed the present appeal challenging the order passed by the trial Court in a claim filed challenging the notice issued to the appellant under Section 354-A of the Mumbai Municipal Corporation Act. According to the appellant, the G.I.Sheet wall which was erected in the compulsory open space has been there for years together and, therefore, no action ought to have been taken against the appellant on this ground. It is then submitted that since the G.I.Sheet wall is constructed and the schedule to the 354-A notice indicates the measurement of the G.I.Sheet wall, it would mean that 354-A notice could not have 2 been issued but instead, if at all a notice under Section 351 ought to have been issued. 2. A reply has been filed by the Corporation indicating that the notice was issued while the G.I.sheet wall was being erected and the measurements of the sheets were indicated and not of the entire structure. It is further submitted that in any event the construction is carried out in a vacant space and hence notice under Section 354-A is liable to be issued. 3. Section 342 prohibits a person from carrying out any work in respect of a building as stipulated therein without permission of the Commissioner. When the municipal authorities find that such work is in progress, the work can be halted by issuing a "stop work notice" under Section 354-A. No documents were produced by the appellant to demonstrate that the G.I. sheet wall had been erected much before the "stop work notice" was issued and that it was part of the compound wall. 4. In my opinion, therefore, the Trial Court has committed no error in dismissing the notice of motion and denying interim relief to the appellant. 5. Appeal from order rejected.