Will You Write Off Loans Of Wayanad Landslide Victims? High Court Asks Centre, Calls For "Carrying Capacity Assessment" Of Hills To Limit Tourists
Continuing hearing in the suo moto case initiated in the aftermath of devastating Wayanad landslides, the Kerala High Court today asked the Central government and the National Disaster Management Authority whether it is willing to write off personal loans, motor vehicle loans and housing loans availed by members of the affected families.Section 13 of the Disaster Management Act, 2005...
Continuing hearing in the suo moto case initiated in the aftermath of devastating Wayanad landslides, the Kerala High Court today asked the Central government and the National Disaster Management Authority whether it is willing to write off personal loans, motor vehicle loans and housing loans availed by members of the affected families.
Section 13 of the Disaster Management Act, 2005 empowers NDMA to recommend relief in repayment of loans in cases of disasters of severe magnitude.
Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. granted six weeks time to Additional Solicitor General ARL Sundaresan for submitting a report in this regard.
The bench has also directed the government to submit a "carrying capacity assessment" of various hill stations in the State.
As per the United Nations World Tourism Organization (UNWTO), carrying capacity is the maximum number of visitors to a tourist destination without destroying it and without significantly reducing the quality of the visitor experience.
Court said that estimating the carrying capacity to prevent overcrowding of tourist destinations and limiting the number of vehicles to tourist destinations is in everyone's interest. It ordered,
“The State Government may issue immediate directions in this regard 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 District Administrations concerned must revert to the State Government with the necessary data/details/statistics within three weeks from the receipt of orders from the State Government, and a consolidated report pertaining to all the hill stations in the State shall be furnished before this Court by the State Government through an affidavit filed on its behalf on or before 25th October, 2024.”
The Court stated that the majority of hill stations are prominent tourist locations in the State. It stated that overcrowding of tourists and unscientific infrastructure constructions is a threat to hill stations. The Court stated that overcrowding of tourists affects the lives of residents living in such areas.
“Diversion of water and electricity to tourist facilities during the peak season, heavy traffic making commute to basic facilities difficult, littering, waste generation, haphazard parking, etc. creates local resentment. Tourists also face innumerable problems like being stuck on roads for hours, lack of to quality and hygienic food and water, toilets, long queues, less parking, access time spent in popular destinations depriving a satisfactory experience, leading to a situation that is no-win for all stakeholders.”
The Court also issued directions to deal with psychological issues and mental trauma inflicted upon the children in Wayanad, due to the landslides. It issued the following directions based on the report submitted by Senior Advocate Ranjith Thampan (Amicus Curiae):
-Child Welfare Committee under the State Kerala State Commission for Protection of Child Rights as well as the Kerala State Mental Health Authority (KSMHA), Health and Medical Education departments to take effective steps to mitigate the trauma inflicted on persons, especially children in Wayanad.
-Mental Health Review Board to provide clinical psychological support.
-Kerala State Legal Services Authority and the District Legal Service Authority to report about the possibility of providing psychological assistance to landslide victims.
The matter has been posted for further hearing on September 13.
Case Title: IN RE: PREVENTION AND MANAGEMENT OF NATURAL DISASTERS IN KERALA v STATE OF KERALA
Case Number: WP(C) 28509/ 2024 & Connected Cases
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