1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION No. 330/2008 (Gat Grampanchayat Padmapur Vs. State of Mah. & ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. A.S. Kilor, Adv. for the petitioner. Mr. S.Y. Deopujari, A.G.P., for respondents. CORAM :D.D. SINHA & SMT. VASANTI A. NAIK, JJ. DATED : JANUARY 30, 2008. Heard Mr. Kilor for the petitioner, and Mr. Deopujari, the learned A.G.P., for the respondents. Present writ petition is directed against the communication dated 2/12/2004 issued by the Superintending Engineer (CD), which is addressed to the Chief General Manager, Chandrapur Area, Western Coalfield Limited, Chandrapur, wherein it is mentioned that the design of proposed diversion of Motaghat Nalla at Padmapur open cast mine has been approved by Irrigation Department, Government of Maharashtra. The counsel for the petitioner has submitted that the petitioner is the Gat Grampanchayat of village Padmapur and if 2 the construction of Nalla, as approved by the competent authority, is permitted to be made by the respondent no.5-W.C.L., in that case, there is a likelihood of flooding of the village as well as destruction of agricultural crops, etc. It is submitted that as per the Inspection Report of Deputy Executive Engineer (Irrigation) dated 3/12/2007, the possibility of flooding of village during rainy season cannot be ruled out. It is, therefore, contended that appropriate directions to stop the construction may be issued to the respondents. The learned Assistant Government Pleader, for want of instructions, is unable to dispute the above referred contentions canvassed by the counsel for the petitioner. It is, no doubt, true that normally if there is a likelihood of danger to the life and property of the people because of certain acts or omission on the part of the State Government, this Court normally shows indulgence in such matters. However, in the instant case, the proposal for diversion of Motaghat Nalla at Padmapur was approved by the Government of Maharashtra, Department 3 of Irrigation, way back in 2004 and the petitioner-Grampanchayat has approached this Court by filing the present petition in 2008, i.e. after almost more than 3½ years. Similarly, the counsel for the petitioner has contended that the work of construction of Nalla has been commenced, which means in the intervening period, the Western Coalfield Limited has already taken all necessary steps to commence the construction of Nalla and, therefore, it is difficult for us, at such a belated stage, to undo the process particularly because the petitioner- Grampanchayat has not knocked the doors of this Court at its earliest. For the reasons stated above, no case is made out for showing any indulgence in this writ petition. Petition is, therefore, dismissed. JUDGE JUDGE RMP