JUDGMENT :

1. By way of this petition under Article 226 and Article 300A read with Articles 14 and 19(1)(g) of the Constitution of India, the petitioner has prayed for the following reliefs:-

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(A) This Hon'ble Court may be pleased to issue a writ of mandamus or any other writ in the nature of mandamus and/or any other appropriate writ, order or direction

(i) to declare that the respondent authority - VUDA is legally not entitled and justified in demanding betterment charges, incremental charges, contribution charges etc., at the time of preparing and sanctioning the draft Town Planning Scheme and they cannot raise the demand of the said amount or the charges till the State Government under Section 65 of the Act:

(ii) to permanently restrain the respondent authority from depositing and encashing 12 monthly post-dated cheques & 12 undated blank cheques for interest handed over by the petitioner for total amount o Rs.18,25,05,245/- and also may be pleased to quash and set aside the action of the respondent authority in raising demand of Rs.18,25,05,245/-;

(iii) to declare that the demand of 12 post dated cheques and 12 undated blank cheques for the amount of interest by the respondent authority is unjust, arbitrary, illegal and improper.

(B) Pending the admission, hearing and final disposal of the present petition, this Hon'ble Court may be pleased to restrain the respondent authority from depositing and encashing 12 post-dated cheques and 12 undated blank cheques fro interest handed over by the petitioner on 6th July, 2021 towards betterment charges, incremental charges, contribution charges etc.;

(C) Such other and further relief/s as may be deemed fit and proper may be granted in the interest of justice;"

2. The background of facts which has given rise to the present petition is that the petitioner along with others had purchased land bearing Block Nos. 44 and 69 situated at Village Khanpur, Vadodara by way of registered sale deed dated 20.02.2008 and 17.05.2012 respectively and by virtue of such execution of sale transaction, the petitioner and others became exclusive owners and occupiers of the land in question. The learned Collector, Vadodara, was pleased to grant N.A. permission over the land in question vide order dated 09.04.2012 and 17.09.2012 respectively in exercise of powers under Section 65 of the Bombay Land Revenue Code, 1879. The respondent authorities also granted development permission to the aforementioned lands on 13.12.2012 and it has also issued a plinth check certificate on 28.02.2013.

2.1. It is the case of the petitioner that subsequently revised lay-out plan and building permission was also granted by the respondent authorities on 03.03.2014 and the plinth check certificate was also published on 24.09.2015. The said revised development permission was then renewed by the authority on 24.09.2015. Subsequently, on 01.09.2018, the petitioner also made an application for revised development permission and for that purpose an amount of Rs.2,59,755/- was also deposited with the respondent authority and the petitioner has also applied for plinth check certificate on 07.12.2018 and towards that an amount of Rs.8,520/- came to be deposited. These amounts were calculated by the respondent authority itself and all due procedure were also completed, according to the petitioner.

2.2. The petitioner has further asserted that on 21.02.2019, intention to prepare a Town Planning Scheme No. 24/A was declared by the appropriate authority, but according to the petitioner, the draft Town Planning Scheme in respect of it has not been sanctioned by the State Government under Section 48 of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as the "Act") and the same is still lying with at that stage. So in substance, the stand of the petitioner is that the said draft Town Planning Scheme (Musadda) has become at a stage of approval by the State Government and it is not certain that at this stage as to whe