Aarohi Dhumale
The Kerala High Court, on 6th September, 2024, directed the government to regulate the number of tourists visiting hill stations by ascertaining the “carrying capacity” and controlling the “unbridled inflow of tourists”.
This case, which arose out of a suo moto petition on the prevention and management of natural disasters in Kerala, was heard by the Division Bench comprising of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. This petition was filed against the backdrop of the landslides in Wayanad that killed around 400 people.
The Court said that separate studies should be carried out for forest reserves and protected areas in various districts as such areas are less tolerant towards high tourist intrusion. Pollution and littering may lead to behavioural changes in animals of these areas. The Court also addressed the issue of uncontrolled construction which plays a role in causing landslides. “The hill stations in Kerala are among the most sought-after tourist destinations in India and the increasing number of tourists and the corresponding unscientific infrastructure development in response to the same, pose a grave danger to the hill stations”. The judgment read.
“Carrying capacity needs to be estimated under various heads such as physical, economic, socio-cultural, biophysical and ecological, to limit tourism influx to preserve the resources and the local ecological, to limit tourism influx to preserve the resources and the local economic and social viability.” was said in the judgment.
With regards as to how the carrying-capacity can be ascertained, the Court said, “The carrying capacity may be estimated using the available data with the district administrations. They may use data such as footfall of tourists during peak and non-peak seasons; accommodation available (only those with legal permits to be counted; available parking space; availability of water in the district and based on that determine the water available to tourist facilities; waste collection and management infrastructure; and availability and capacity of effluent treatment facilities, “.
The Court ordered the district administrations to revert to the State Government with the collected data within three weeks of receiving the order. The State Government should furnish the consolidated report before the Court on or before 25th October.
Case Name: In Re: Prevention And Management Of Natural Disasters vs State Of
Kerala
Case Number: WP(C) NO. 28509 OF 2024
Bench: Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M.