Section 226(4) in The Mumbai Municipal Corporation Act, 1888
(4)Whether a reference is made to the Chief Judge under sub-section (3) within the specified period and a notice thereof is served by the party concerned on the Commissioner, the Commissioner shall not commence the digging and construction of the tunnel or undertake any related work, unless the Chief Judge has summarily dismissed such reference or his decided the reference and allowed the digging and construction of such tunnel and undertaking of such related work.