J U D G M E N T

Dated this the 30th day of June, 2022 (W.P.(C) Nos.15341 and 15466 of 2022)

The petitioners in these writ petitions propose to construct buildings in their repective lands. The construction requires removal of ordinary earth and transportation thereof.

2. The petitioners therefore approached the Panchayat authorities for issuance of Building Permit. The petitioners also submitted applications for Transit Passes for transportation of ordinary earth.

3. The petitioners state that the Geologist is insisting on production of Development Permit from the Local Self Government Institution for the purpose of grant of Transit Passes. The petitioners have been aspiring to construct building for long. They are not bound to produce any Development Permit since the construction of the building does not involve any development of land. This Court has held in a number of judgments that the Geologists cannot insist on Development Permit for grant of Transit Passes, when construction of building does not involve development of land.

4. The Standing Counsel for the Panchayat submitted that if the petitioners submit applications indicating the quantum of ordinary earth to be removed for th