"Unbridled Inflow Of Tourists Need Regulation": Kerala HC Directs State To Issue Directions To Estimate Carrying Capacity Of Hill Stations

The Court said that there is an emergent need to regulate the unbridled inflow of tourists into such hill stations and also the carrying capacity assessment can be done to guide policymakers and the respective District Administrations to devise a system of management of tourist areas in the interest of ecology and preservation.

The Court was hearing a Suo Motu while taking note of the spate of natural disasters that have affected the hill stations of Kerala in the recent past.

The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. observed, “that estimation of carrying capacity and capping the number of vehicles and visitors entering the hill stations in our State is in the best interests of all…”

Government Pleader K. Gopalakrishnakurup appeared for the Respondent.

The Court observed, “According to United Nations World Tourism Organisation (UNWTO), tourism carrying capacity is "the maximum number of people that may visit a tourist destination at the same time, without destroying the physical, economic, socio-cultural environment and an unacceptable decrease in the quality of visitors satisfaction".

According to the Court, the carrying capacity needs to be estimated under various heads such as physical, economic, socio-cultural, biophysical and ecological capacity, with the purpose of limiting tourism influx to a certain number to preserve the resources and local economic and social viability.

The Court said that the carrying capacity may be estimated using the available data with the respective District administrations with respect to:

a. Assessment of footfall of tourists per day during peak and non-peak seasons.

b. Assessment of number of all types of vehicles entering the District during peak and non-peak season.

c. Available accommodation facilities determined from only the facilities that have all legal permits, together with parking space, to assess whether it is commensurate with the accommodation facilities.

d. Assess the water availability in the District and determine the water that is available to tourist facilities after accounting for and preserving water resources for local use including agricultural and other needs.

e. Waste collection and management infrastructure.

f. Availability and capacity of effluent treatment facilities.

g. Determine the protected areas and reserve forests in the various Districts and carry out separate carrying capacity studies, as areas with forests and wildlife are less tolerant to higher tourist intrusion such as pollution, littering and behavioural changes in animals.

h. List out the popular tourist destinations and calculate the individual physical carrying capacity of each location.

The Court said that the State Government may issue immediate directions to estimate carrying capacity to the respective District administrations in the State within whose territorial and jurisdictional limits the various hill stations of tourist importance are situated, and obtain the necessary data/details/statistics from them.

The Court further asked the concerned District Administrations to revert to the State Government with the necessary data/details/statistics within three weeks from the receipt of orders from the State Government.

The Court also asked the State Government to furnish a consolidated report pertaining to all the hill stations in the State before the Court on or before October 25, 2024.