Supreme Court Issues Notice In Plea Seeking Carrying Capacity Studies For Himachal States

Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala issued notice in a petition seeking for Carrying Capacity studies to be conducted in 13 Himachal States/UTs.

The petition brought up concerns regarding uncontrolled and unsustainable construction of various commercial accommodations such as hotels, resorts, rest houses, and home stays, as well as hydropower projects and unregulated tourism in the Indian Himalayan Region. It also mentioned issues related to tunneling, rock/hill blasting, high traffic volume, air and water pollution, and poor waste management. These issues, as per the petition, are affecting the environment, ecology, geology, and hydrology of the region and are spread across 13 different States and Union territories, namely, Uttarakhand, Himachal Pradesh, Jammu & Kashmir, Ladakh, West Bengal, Assam, Meghalaya, Manipur, Mizoram, Sikkim, Nagaland, Tripura and Arunachal Pradesh

The petition claims that the problems mentioned in it have arisen because the central and state governments failed to evaluate the Carrying Capacity or Bearing Capacity of ecologically sensitive areas, hill stations, high-altitude regions, and areas that receive heavy tourist traffic. The petition adds that the governments also failed to prepare and implement Master Plans, Tourism Plans, Lay-out Plans, Area Development Plans, and Zonal Plans. It adds–

"The Carrying or Bearing Capacity of these regions is important because it determines the amount of human population or human activity that a given area can handle, based on its geological, tectonic, and seismic position, as well as the availability of water resources, food, habitat, air quality, and other resources. In the absence of carrying capacity studies of hill stations, pilgrimage places and other tourism destinations in Himachal Pradesh, unregulated tourism and development, massive tunneling and blasting is being carried out and extensive, large-scale muck dumping is being carried out along the Beas River, from Mandi to Manali."

While submitting that the Carrying Capacity study and Master Plans were cardinal features of any development process or activity under the Precautionary Principle, principle of sustainable development, polluter pays, inter-generational equity, and under the Public Trust Doctrine, the petition argues further that–

"The failure of the MOEF&CC and all the 13 aforementioned Himalayan states/UTs to get the Carrying Capacity studies conducted is the primary reason for the fast and rising ecological degradation, geological disasters and other calamities caused in Uttarakhand, Himachal Pradesh and other Himalayan states/UTs. As a result of the non-assessment of the carrying capacities of vulnerable places in the Indian Himalayan Region, the tourism, especially the eco-tourism potential of these areas is severely undermined, affecting the livelihoods of a vast number of citizens residing therein, thereby depriving them their Fundamental Rights under Article 14 and 19(1)(g) of the Constitution of India."

It also submits that the uncontrolled construction and development of hydro power projects and hotels/resorts, exceeding the area's carrying capacity, was one of the main causes of the land sinking, subsidence, fissures, and cracks in Joshimath. It adds that these geological problems had resulted in the destruction of more than 800 structures and affected more than 3000 families residing in the area.

The court issued notice in the matter and made it returnable to 20th March 2023. 

The petition was argued by Advocate Akash Vashishtha.

Case Title: Ashok Kumar Raghav v. Union of India & Ors. | WP (C) No 144/2023

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