( 1 ) THIS is a petition filed by the petitioner against an order passed by the State government under Section 421 of the Madhya Pradesh Municipal Corporation Act, 1956, (hereinafter called the Act) setting aside the order passed by the appeal committee of the Indore Municipal Corporation granting permission for construction of a overhanging balcony which initially was refused by the commissioner of the Corporation.

( 2 ) ACCORDING to the petitioners, they are the owners of House No. 3 on Street No. 2, in Murai Mohalla, Sanyogitaganj, Indore within the limits of the Indore Municipal corporation. The petitioner decided to reconstruct the house, and consequently on 30th June, 1967, they submitted an application for permission to build in accordance with the plan submitted along with that application. They also submitted along with this application what was required under Section 294 of the act. In the proposed plan, the petitioners had shown galleries projecting to the extent of 3 feet on the lane in the eastern side and on the road on north side of the proposed building. By his Dakhla No. 744 dated the 4th August 1967 the commissioner of the Corporation granted sanction for