JUDGMENT : SATHISH NINAN, J. 1. The discussions and the findings in this judgment relate to the requirement of a development permit from the local authority, for the issuance of transit pass under Section 14(2) of the Kerala Minor Mineral Concession Rules, 2015. Since common issues of law and facts arise for consideration in these writ petitions, they are being disposed of by a common judgment. 2. To construct a building in the property belonging to the petitioners, they obtained building permits from the concerned Panchayats. For constructing the building, since ordinary earth is required to be extracted and transported, they require transit passes from the Department of Mining and Geology. The first proviso to Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015 (hereinafter referred to as “the C.R. KMMC Rules, 2015”) mandates production of a ‘land development permit’ from the local authority, for issuance of transit passes. According to the petitioners, since ‘development works’ as defined under the Panchayat Building Rules, 2019 is not required to be done in the property, a Development Permit is not necessary. However, since the Department of Geology insisted for production of a Development Permit as a condition for issuance of transit pass, the petitioners submitted applications to the respective Panchayats for issuance of Development Permit. 3. On the application for development permit, the Panchayats, refusing to issue the permit, have taken the following stance:- (i) On the issuance of a building permit, it shall be deemed that development permit is also granted. (ii) In cases where there is no ‘development of land’ within the meaning of the Building Rules, a development permit is not required to be issued. (iii) For issuance of a development permit, a ‘No Objection Certificate’ from the Geologist is to be obtained in terms of Rule 5(4) of the Kerala Panchayat Building Rules 2019. 4. The Department of Mining and Geology, when approached for the issuance of NOC in terms of clause (iii) above, expressed that, there is no provision of law requiring them to issue such a certificate and that it is for the Panchayat to issue the development permit. 5. It appears that the stand adopted by the Panchayats is based on certain clarificatory instructions/circulars issued from the Town Planning Department on certain queries, based on the particular factual situations obtaining therein. However, the same has been understood by the Panchayats as an universal rule. 5. It appears that the stand adopted by the Panchayats is based on certain clarificatory instructions/circulars issued from the Town Planning Department on certain queries, based on the particular factual situations obtaining therein. However, the same has been understood by the Panchayats as an universal rule. The respective petitioners are being shunted from pillar to post, but of no avail. It is thus aggrieved, that they are before this Court. 6. Heard learned counsel Sri. Rafeek V.K. and Smt. Saipooja on behalf of the respective petitioners, Sri. Liji J. Vadakkedam, Sri. Ajay Ben Jose on behalf of the respective Panchayats and Sri. Ravikrishnan, learned Government Pleader. 7. In terms of the Kerala Panchayat Building Rules, a development permit is necessary only in cases where “development of land” as defined under the Rules is involved. This Court has consistently taken the view that, for construction of a building by the purchaser of a plot of land where no ‘development of land’ as defined under the Building Rules is involved, no development permit is necessary. [See: Nafeesa vs. Chavakkad Municipality, 2018 (3) KLT 1 ]. Therefore the Panchayats were right in taking the stand that, since no ‘development of land’ in terms of the Building Rules is involved, a development permit could not be issued. 8. Now coming to the stand taken by the Department of Mining and Geology, before I proceed to discuss on Section 14(2) of the KMMC Rules, 2015 and the provisos thereto, I deem it appropriate to extract Section 14 (1), (2) and the provisos: “(1) A quarrying permit under these rules shall be obtained for extraction of ordinary earth used for filling or levelling purposes in construction of embankments, roads, railways or buildings in Form N. (2) Notwithstanding anything contained in sub-rule (1), no quarrying permit is required under these rules for extraction of ordinary earth in connection with the construction and digging of foundation for the buildings not requiring environmental clearance under the Environment (Protection) Act, 1986 (Central Act 29 of 1986), if the owner of the land obtained a prior valid permit for construction of such building from the Local Self Government authorities concerned or if the owner of the land is entitled to construct such building as per the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019 (16 of 2019). Provided that in cases where transportation of ordinary earth is required, the owner of the land shall obtain mineral transit passes for the quantity to be transported under the Kerala Minerals (Prevention of illegal Mining, Storage and Transportation) Rules, 2015 after making payment of royalty, on an application submitted in this regard. Such application shall be accompanied by (1) valid building permit for construction of building obtained from the Local Self Government authorities concerned, (2) land development permit obtained from the Local Self Government authorities concerned in cases where the levelling of the land and extraction of ordinary earth is involved and (3) possession and enjoyment certificate of the land issued by the Village Officer concerned. Provided further that in cases where levelling of land and extraction of ordinary earth is involved, the building permit shall be accompanied by an approved building plan obtained from the Local Self Government authorities concerned which shall contain the area of land to be developed for the construction of the building and the quantity of ordinary earth to be extracted for such construction.” 9. Though Section 14(1) of the Kerala Minor Minerals Concessions Rules, 2015 require a quarrying permit for extraction of ordinary earth, Rule 14(2) provides that, a quarrying permit is not required in cases where the extraction is in connection with the construction of buildings which do not require environmental clearance, provided that, the construction is on a valid building permit. 10. The first proviso to Rule 14(2) requires production of the following documents for issuance of transit pass for transportation of ordinary earth:- (a) Building Permit. (b) Land Development Permit. (c) Possession Certificate. 11. In cases where ‘development of land’ as defined under the Panchayat/Municipalities Act is not involved, a development permit could not be insisted upon by the Geology Department because, the Building Rules do not provide for issuance of the same. It is only in cases in which a development permit is required under the Building Rules, could the same be insisted upon for issuance of transit pass. 12. The Minor Mineral Concession Rules do not seem to explicitly provide for the documents to be submitted for issuance of transit passes in cases where the Building Rules do not provide for issuance of a Development Permit. According to me, in such cases, the second proviso to Section 14 (2) of the KMMC Rules, 2015 would apply. 12. The Minor Mineral Concession Rules do not seem to explicitly provide for the documents to be submitted for issuance of transit passes in cases where the Building Rules do not provide for issuance of a Development Permit. According to me, in such cases, the second proviso to Section 14 (2) of the KMMC Rules, 2015 would apply. As per the second proviso, an approved building plan containing the area of land to be utilized for construction of the building and the quantity of ordinary earth to be extracted, is to be obtained from the Panchayat/Municipality, for the issuance of transit passes. Though the said proviso makes a reference to ‘the land to be developed’ the term ‘develop’ as occurring therein means, making the land suitable for the proposed construction. It does not refer to ‘development of land’ as defined under the Building Rules. Such an understanding of the provisions would, avoid inconsistency or the vacuum, if at all any, in the Building Rules and the Minor Mineral Concession Rules, 2015. 13. Now coming to the insistence by the Panchayats for a ‘No Objection Certificate’ from the Department of Mining and Geology in terms of Rule 5(4) of the Kerala Panchayat Building Rules, 2019 for the issuance of a development permit, the objection cannot stand. Rule 5(4) requires production of a consent/NOC from the authorities specified thereunder, for issuance of a development permit or building permit. However, the Department of Mining and Geology is not included therein. 14. To sum up:- (i) A development permit from the local authority is necessary only when ‘development of land’ in terms of the building rules is involved. (ii) Quarrying permit is not required for extraction of ordinary earth in connection with construction of building which does not require environmental clearance, provided, a valid building permit is obtained. (iii) For obtaining transit passes for transportation of ordinary earth: (a) In cases where ‘land development’ as defined under the concerned building rules is involved, a land development permit from the local authority shall be made available. (b) In cases where no ‘land development’ in terms of the building rules is involved, an approved building plan containing the area of land for construction of the building and the quantity of ordinary earth to be extracted for construction, shall be obtained from the local authority. (b) In cases where no ‘land development’ in terms of the building rules is involved, an approved building plan containing the area of land for construction of the building and the quantity of ordinary earth to be extracted for construction, shall be obtained from the local authority. (iv) Rule 5(4) of the Panchayat Building Rules does not require NOC/Permission from the Department of Mining and Geology for issuance of development permit by the local authority. 15. In the light of the conclusions as above, the respondent Panchayats in the respective writ petitions shall pass appropriate orders on the development permit applications submitted by the respective petitioners. In cases where development permits are not required, the approved building plan with the details as referred to in the second proviso to Rule 14(2) shall be issued. 16. The writ petitions are disposed of as above.