AKIL KURESHI, J. -- With ever expanding cities and urbanization at a pace not imaginable before, constant need for growth and desire of citizens in general to reach higher end of income brackets, man - animal conflict sometimes spills over to man and man conflict. Requirement of growth, urbanization and industrialization on one hand, preservation of environment and common resources of the community on the other, has given rise to the concept of sustainable growth, a concept which is as difficult to define as it is often times difficult to implement due to the very nature of complex, varying and for-ever conflicting interests. One such issue of considerable importance has reached this Court for resolution of the legal issues arising therein by way of present public interest litigation.

2. Petitioners who are claiming to be espousing the interests of large number of agriculturists and other residents of cluster of villages around and including Samadhiyala village of Mahuva Taluka have filed this petition opposing setting up of a cement plant with captive electricity generation plant proposed by respondent No.4, M/s. Nirma Limited. The main grievance of the petitioners is that the land alloted by the Government for setting up of such a plant is situated right in the middle of sweet-water reservoir created by construction of 250 meters long wasteweir called Samadhiyala Bandhara. It is the case of the petitioners that the proposed site of the plant consists of part of land of Bandhara Reservoir. It is also the allegation of the petitioners that rest of the land falls in the catchment area of the reservoir and construction of the cement plant would in short time destroy the entire reservoir.

3. On the other hand, the case of the respondents is that apprehensions of the petitioners are ill-founded. Series of reports have been collected by the Government from expert bodies. Certain safeguards have been provided. There is no danger to the reservoir. In fact, the capacity of the reservoir upon implementation of the recommendations of the Expert Committees as directed by the Government would increase. Setting up of cement plant would provide employment to many people in the region.

4. Looking to the fact that the outcome of this litigation, one way or the other, would affect large number of people, we have invested considerable time in hearing the arguments of the learned advocates for the parties. Various issues have been presented before us for our consideration. Our prime concern, however, has been to protect the sweet water reservoir created by construction of Samadhiyala Bandhara. Undoubtedly, progress and development would require construction of factories. Such factories would inevitably increase production and generate employment in a remote rural area which is dependent mainly on agricultural activities, which in turn depends on unpredictable and erratic monsoons and inadequate other sources of irrigation. It will also mean perennial source of income for many. However, such development or generation of income cannot be at the cost of permanent damage to common community resources. It will be sad if a small farmer deprived of his rightful source of irrigation is turned overnight into land-less unskilled labourer forced to seek employment in some factory constructed on the land which till the other day was his agricultural field. At the same time, if without affecting the reservoir in any significant manner, it is possible to set up the factory, surely in the name of environment or any such similar slogan, such development cannot be stopped.

5. With the above parameters in mind, before adverting to the rival submissions, some facts need to be noted.

5.1 Petitioner No.1 is an Association of persons formed for the protection of Samadhiyala Bandhara Reservoir. Petitioner No.2 is an agriculturist in the locality. As already noted, the petitioners are opposing the setting up of cement plant by Nirma Limited in Mahuva Taluka. T