1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.804 OF 2009 Mr.Romuald S. Fernandes & Ors. ..Appellants V/s Mr.Ravi Shankar Banjan & Ors. ..Respondents ---- Mr. R.R.Salvi for the appellants. Mr.J.N.Jayle for the respondent no.1. Mrs.K.K.Soraan for the BMC. ---- Coram : R.S.MOHITE,J Date : 20th August, 2009. PC 1 This is an appeal filed by original defendant nos.2 & 3 who claim to be the owners of a structure which according to the BMC has been illegally erected without their permission. The BMC has issued a notice under Section 351 of the BMC Act. It is the case of the BMC that the construction is being erected on their land and it is an encroachment on their property. There is a dispute regarding ownership. In any case, in my view, an action under Section 351 is basically an action for construction of property without permission of BMC. The question of ownership and encroachment are matters where parties who alleged such encroachment have an independent right to file a suit. I am not inclined to entertain the present appeal. Appeal from Order is therefore, dismissed. It is however, made clear that if 2 any appeal is filed by the Corporation, that will be considered on its own merits without being influenced by the dismissal of this Appeal from Order. (R.S.MOHITE,J)