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 pointed out that the petitioner wants to develop the land in question and, therefore, the petitioner applied for conversion of the land for non­agricultural use under Section 65 of the Gujarat Land Revenue Code, however on 01.05.2018, the District Collector addressed a communication to the petitioner that the petitioner may pay amount of conversion tax with respect to the land admeasuring 1074 Sq.Mtrs. and on receipt of such communication, the petitioner addressed a letter to the respondent authorities and requested to give details as to why letter is issued for payment of conversion charges with respect to land admeasuring 1074 Sq.Mtrs. only instead of land admeasuring 1518 Sq.Mtrs., however, the petitioner has not received any reply from the respondent authority. and on receipt of such communication, the petitioner addressed a letter to the respondent authorities and requested to give details as to why letter is issued for payment of conversion charges with respect to land admeasuring 1074 Sq.Mtrs. only instead of land admeasuring 1518 Sq.Mtrs., however, the petitioner has not received any reply from the respondent authority. It is submitted that therefore, the present petition is filed by the petitioner, in which, it is prayed that the direction be issued to the respondent – Collector to grant NA permission to the petitioner considering the land in question i.e. land bearing Final Plot No.58 admeasuring 1518 Sq.Mtrs. and thereby recover the conversion charges for NA purpose. 8. On the other hand, learned AGP Ms. Jhala appearing for the respondent authorities referred to the affidavit filed by the respondent no.2 as well as further affidavit filed on 12.12.2019. It is submitted that out of land admeasuring 1518 Sq.Mtrs., land admeasuring 1074 Sq.Mtrs. was acquired for expansion of National Highway No.8, however, the said fact is not reflected in 7/12 extracts. It is, therefore, requested that the petitioner be asked to join National Highway Authority of India as party respondent in the present proceeding. It is further submitted that at the site, land admeasuring 1518 Sq.Mtrs. is not available and, therefore, the respondent – Collector has asked the petitioner to pay conversion tax for the land admeasuring 1074 Sq.Mtrs. and thereby the respondent – Collector has not committed any error, which requires interference by this Court in the present petition. It is, therefore, urged that this petition be dismissed. 9. Having heard learned advocates appearing for the parties and having gone through the material placed on record, it has emerged that the petitioner is the owner and occupier of the land in question. In Town Planning Scheme, the petitioner and other co­owners have been allotted Final Plot No.58 admeasuring 1518 Sq.Mtrs. and the said fact can be verified from the document produced at Annexure­A at Page No.13 of the compilation. In Town Planning Scheme, the petitioner and other co­owners have been allotted Final Plot No.58 admeasuring 1518 Sq.Mtrs. and the said fact can be verified from the document produced at Annexure­A at Page No.13 of the compilation. It is further revealed from further affidavit filed by the petitioner, copy of which is placed on record at Page No.61 of the compilation, that as per the interim order dated 19.08.2019 passed by this Court, the DILR, Vadodara had carried out measurement of the land in question and, thereafter, submitted report along with the map, copy of which is placed on record at Page Nos.64­65 of the compilation. From the aforesaid measurement carried out by DILR, it is clear that Final Plot No.58 is admeasuring 1518 Sq.Mtrs. and at the site also, the said area is available. 10. Now it is the case of the respondent authorities that out of 1518 Sq.Mtrs. of land, land admeasuring 840 Sq.Mtrs. was acquired for expansion of National Highway No.8 by the National Highway Authority of India. Upon making inquiry, it is submitted by learned AGP that the said land was acquired in the year 2011. However if the order dated 28.12.2017 passed by the respondent – Collector granting permission to the petitioner for conversion of the land from new tenure to old tenure is seen, it is revealed that the respondent – Collector has considered the land in question admeasuring 1518 Sq.Mtrs. and thereby premium was charged to the tune of Rs.77,41,800/­ from the petitioner and the petitioner has paid the said amount as per the order of the Collector. 11. At this stage, it is also pertinent to note that out of land admeasuring 1518 Sq.Mtrs., if land admeasuring 840 Sq.Mtrs. is acquired by the National Highway Authority of India then why the respondent – Collector has asked the petitioner to pay conversion charges for the land admeasuring 1074 Sq.Mtrs. This aspect is not clarified by the respondent authority in the affidavit in reply filed before this Court. 12. is acquired by the National Highway Authority of India then why the respondent – Collector has asked the petitioner to pay conversion charges for the land admeasuring 1074 Sq.Mtrs. This aspect is not clarified by the respondent authority in the affidavit in reply filed before this Court. 12. In view of the aforesaid facts and circumstances of the present case, the respondent – Collector is directed to examine the aforesaid aspects including the order dated 28.12.2017 passed by the Collector while granting permission to the petitioner to convert land from new tenure to old tenure as well as report and the map forwarded by the DILR, copy of which is placed on record at Page Nos.64­66 of the compilation. The respondent – Collector shall decide the issue and pass appropriate order in accordance with law within a period of three months from the date of receipt of this order. 13. With the aforesaid observation and direction, the present petition stands disposed of. Direct service is permitted. 14. In view of the order passed in main matter, no order is required to be passed in Civil Application. Hence, Civil Application stands disposed of.