JUDGMENT : (PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT) This Intra-Court appeal seeks to call in question a learned Single Judge’s order dated 05.04.2023 whereby appellant’s W.P.No.101836/2023 (GM-RES) has been negatived. Two principal prayers made in the writ petition run as under: “i) Issue any appropriate Writ, Order or Direction including a Writ in the nature of Mandamus commanding the Respondents to stop forthwith any road construction activity including the chopping of trees, uprooting of the trees, cutting of the hills on the Bhudevi Hills, Karwar Taluka, U.K.District. ii) To direct the respondents to restitute the damages made to the Bhudevi Hill by putting back the Soil & Stones removed from the hill to bring back to the original topography so as to avoid any unforeseen circumstances/situation due to heavy landslides before the onset of monsoon.” 2. Learned counsel appearing for the appellants in his usual attractive style argues that several contentions taken up before the learned Single Judge have not been adverted to in the impugned order; the reasoning of the learned Single Judge that the petition not having been filed in PIL jurisdiction, no relief of the kind can be granted, is faultsome; the appellants had ventilated their own rights and are not espousing any public interest; deforestation and damage to environment and ecology that are happening in and around the residential area of the appellants violate their right to life guaranteed under Articles 21 of the Constitution of India as broadly interpreted by the Apex Court. So arguing, he seeks allowing of the writ appeal and grant of petition prayers. 3. Learned advocates appearing for the other side resist the appeal succinctly contending that: The area wherein the accomplishment of defence project has been undertaken is miles away from the residential place of the appellants; already the project has been completed and the same is of enormous defence interest of the country; very belatedly, the petition was filed by the appellants, and no explanation is offered for the long delay brooked; any project of the kind may involve some prejudice to the forest, ecology & environment, which is inevitable; public interest overrides the arguable private interest; no legal right of the appellants is infringed, much less mutilated; petition lacked bonafide and appeal too is devoid of it. So contending, they seek dismissal of the appeal. 4. So contending, they seek dismissal of the appeal. 4. Having heard the learned counsel appearing for the parties and having perused the appeal papers, we decline indulgence in the matter broadly agreeing with the reasoning of learned Single Judge. Admittedly, the defence project in question had commenced long ago and has been already accomplished, leaving nothing more to be done. No plausible explanation has been offered for knocking at the doors of the Writ Court after brooking enormous delay. Project of the kind obviously involves colossal funds and man power. The project is of the defence department; they are planned well in advance with expertise of several stakeholders entering the elements of decisions. In matters of national importance, courts have to be slow & cautious. All this appears to be the inarticulate premise of the impugned judgment of learned Single Judge and therefore, the same cannot be invalidated, at this length of time and stage of accomplishment. It was Jeremy Bentham (1748- 1832), a great English philosopher and Jurist who said that law does not come to the aid of sleepy & tardy. 5. Learned Single Judge is right in observing, at para 3, that, “The petitioners, admittedly, are not residing within the area acquired for the Sea Bird Naval Base. They have no rights over the properties sought to be utilized by respondent Nos.5 & 6. … Respondent Nos.5 & 6 are utilizing the area for National Security Purposes. Further, the counsel appearing for them, upon instructions has submitted that the same is being developed in the manner known to law without effecting the ecology.” What legal rights of the appellants have been violated is not demonstrated despite vociferous submissions of their learned counsel. It is not that every prejudice would give a choate cause of action for maintaining proceedings of the kind. In every human institution, a small evil is tolerated as of necessity, to achieve greater good of the community. In gigantic project of the kind, one or other infirmities may remain and they are like mole hills in the mountain. Unless such infirmities are show to go to very root of the matter, ongoing project, especially relating to defence, cannot be halted nor be undone if already accomplished. They fall into the class to which fait accompli is attracted, subject to all just exceptions. Unless such infirmities are show to go to very root of the matter, ongoing project, especially relating to defence, cannot be halted nor be undone if already accomplished. They fall into the class to which fait accompli is attracted, subject to all just exceptions. True it is, that a small damage to forest, ecology and environment may cause prejudice to the citizens residing in the vicinity. That happens inevitably. In all such cases, one cannot rush to the Court that too years after the commencement of execution of such projects. Such litigation should not be encouraged. 6. The last contention of the appellants’ counsel that the reasoning of the learned Single Judge that it was not a case of public interest, is true. The appellants have structured their petition on the premise that their own rights are infringed and that they are not espousing any public interest. Learned counsel is also right in submitting that, in form & substance the petition is personal to the parties and that it is not a social action litigation. However, for the reasons already assigned by us as above, such a contention regardless of its truthfulness does not make any difference to the outcome of this appeal and therefore, not much deliberated upon. In the above circumstances, this appeal being unworthy of merits is liable to be rejected and accordingly it is, costs having been made easy.