ORDER :

1. In this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs,

“A. xxx xxx xxx

B. YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction and thereby direct the District Collector Vadodara to grant NA permission in favour of the present petitioner after considering the land in question i.e. land bearing Final Plot No.58 admeasuring 1518 sq mtr and thereby recover the conversion charges for NA purpose;

C. YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction and thereby quash and set aside the impugned inaction dated 01.05.2018 and further issue direction to the District Collector, Vadodara to consider NA application of the petitioner with respect to land admeasuring 1518 sq mtr of Final Plot No.58 of Town Planning Scheme No.40 (Kapurai);

D. YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction and thereby direct respondent authorities to give response to the petitioner against the query / communication dated 24.12.2018 [ANNEXURE­H] submitted by the petitioner in accordance with law.

DD. YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction, directing the respondent No.4 to measure of Final Plot No.58 at site and if the area of Final Plot No.58 is still remaining admeasuring 1518 sq.mtr., after deducting the land forming part of 75 mtr. TP road and 12 mtr. wide service road, then appropriate writ, order or direction may be issued against the respondent authorities for consideration of the application of grant of NA accordingly.

E. xxx xxx xxx.”

2. Heard learned advocate, Mr. Satyam Chhaya for the petitioner and learned AGP Ms. Divyangna Jhala for the respondent authorities.

3. Learned advocate, Mr. Chhaya appearing for the petitioner submitted that the petitioner is the owner and occupier of the land bearing Block No.377 of Village : Kapurai, Tal. & Dist.: Vadodara. He submitted that the said land in question was covered within the net of Town Planning Scheme No.14 (Kapurai) and as per the provision contained in Gujarat Town Planning & Urban Development Act, 1976 (hereinafter referred to as “the Development Act” for short) and the Rules framed thereunder, the land in question as well as the land of other co­owners were allotted Original Plot No.58 admeasuring 2530 Sq.Mtrs. and in lieu of the original plot, Final Plot No.58 is allotted to the petitioner and other co­owners. At this stage, learned advocate has referred to the documents placed on record in support of the said contention.

4. It is further submitted that the land in question was restricted tenure land and was having restriction under Section 43 of the Gujarat Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as “the Tenancy Act” for short), which was attached to the land in question and, therefore, the petitioner submitted an application under the provision of the Tenancy Act for fixation of the premium of conversion of the land into old tenure land. It is submitted that the respondent – Collector, vide order dated 28.12.2017, granted such permission on certain terms and conditions including the condition that the petitioner has to pay Rs.77,41,800/­ by way of premium considering area admeasuring 1518 Sq.Mtrs. It is the case of the petitioner that the petitioner has paid the said amount before the treasury. Learned advocate referred to the documents, which are annexed with the petition.

5. At this stage, it is submitted that while fixing the amount of premium, the respondent – Collector had considered the land admeasuring 1518 Sq.Mtrs., which is in tune with the record of the Town Planning authority.

6. It is further pointed out from the record that the DILR has also measured the site and prepared the map and as per the report given by the DILR, at the site also, land admeausring 2630 Sq.Mtrs. is available, out of which, Final Plot No.58 admeasuring 1518 is carved out.

7. At this stage, it is also pointe