Disposed

News Item Appearing in India.Com Dated 27.07.2024 Titled Saving Kashmir Brown Bears Is a Race Against Time Wildlife Sos and J & K Wildlife Protection Dept Take Challenge vs

NGT12 Feb 2026Original Application No. 1046/2024

Case brief

AI extract

What is this about?

The NGT disposed of an suo-moto application regarding garbage attracting Himalayan brown bears in Sonmarg. Directing the Sonmarg Development Authority to expeditiously consider a budget proposal for waste management infrastructure before the Amarnath Yatra season.

What did the court decide?

The Sonmarg Development Authority is directed to expeditiously consider the proposal to sanction Rs. 40 lakh for waste management measures and ensure prevention of waste scattering to protect brown be

News Item Appearing in India.Com Dated 27.07.2024 Titled… — Environment and Pollution | NGT (2026)

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Item No. 12

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 1046/2024

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News item appearing in India.com dated 27.07.2024 titled Saving Kashmir Brown Bears is a Race Against Time Wildlife SOS and J&K Wildlife Protection Dept take challenge.”

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Date of hearing: 12.02.2026

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL EXPERT MEMBER

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Respondents: Mr. Gautam Singh, Adv. for UT of J&K & Sonmarg Development Authority Mr. Saurabh Balwani, Adv. for CPCB Ms. Devika Mehta, Adv. for R - 1

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ORDER

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This original application (OA) was registered suo-moto on the basis of the new item titled “Saving Kashmir Brown Bears is a Race Against Time Wildlife SOS and J&K Wildlife Protection Dept take challenge” appearing in India.com dated 27.07.2024.

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The news item had raised the concern about depleting habitat of the Himalayan Brown Bear due to the unplanned disposal and treatment of waste in Sonmarg region of Kashmir.

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The news item highlighted that in a study of Wildlife SOS in 2021 75% of the diet of bears was human-made garbage dumps including plastic, chocolates and organic food waste. The article further disclosed that very little was known about the ecology and behavior of bears in India, hence, its population was severely affected due to various factors like tourism, construction activities, livestock grazing, etc.

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The Tribunal while registering the OA in suo-moto exercise of power by order dated 05.08.2024 had impleaded the concerned respondents and had issued notices to them.

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Replies by the concerned respondents have been filed.

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Reply on behalf of respondent no.1-Wildlife SOS dated 11.11.2024 discloses about result of camera trapping exercise to capture the Himalayan bear as under:-

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“ 11. The camera trapping exercise captured a Himalayan brown bear at five (31.3%) out of rids where the cameras were set up. Most of the captures happened around area where the sign abundance was comparatively higher. During the survey, the brown bear was captured by five different camera traps, with 1527 independent captures. The RAI (Relative Abundance Index) measure for brown bears at Central Wildlife Division during the study period, when compared with that of other species recorded during the survey, suggested that the brown bear was the most predominantly captured species during the sampling

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12. For assessing the current brown bear distribution and movement in the study area the information from locals and indirect evidences like scats, foot prints and feeding signs encountered during field visit were used and all locations were collected with GPS. Regular data flowed in about the location of the brown bear from shepherds, pony owners, minor forest produce collectors, wildlife protection department field staffs, resident villager, tourist guides, shop keepers and from incidence of human-bear conflict affected people.”

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The response of the respondent no.1 also discloses about frequent

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visit of brown bear to the garbage site for the feeding purpose. The details of which, as disclosed in the report are as under:-

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“ I. In the report, it came out as a fact that it was found that the frequency of occurrence of garbage food items (75.03%) was higher in the scats of brown bear than the wild plant matter (15.48%), plastic carry bags (8.77%), crop raid (0.41%) and sheep hunting (0.31%) respectively.

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J. It was observed during the research that brown bears most frequently visited the SDA (Sonamarg Developmental Authority) garbage site at Sarbal, Army Transit camps (254 & 153) garbage sites and Amarnath holy camp garbage sites. A minimum of 3 to a maximum of 11 garbage vehicles were disposing 50 to 550 kg of food & other wastes every day in SDA garbage site. These garbage sites were acting as an active foraging ground for nearby domestic and wild animals

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L. A total of eleven different brown bears were observed at the Amarnath holy cave camp garbage site, which the bears used for foraging during the day too. In both army transit camp (153 & 254) in Sommarg, brown bears were observed digging the fence and entering into the camp site every day during nightfall to forage on garbage sites. An average of 1 to 3 different brown bears were observed in both these sites every day.

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M. Since these types of waste sites make for easy foraging grounds and encourage food habituation, it was observed during the research that the majority of bears appear to have forgotten their natural feeding habits. It is a major concern because if such behaviours are carried down to the following generation, it will lead to changes in feeding behaviour with young ones considering it as their natural behaviours and lead to conflicting situation in the future.”

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As per the above report on account of improper disposal of solid waste, brown bears are attracted to the garbage sites to feast on food and chicken waste on daily basis. Hence, remedial action for management of such solid waste disposal is required.

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The respondent-Sonmarg Development Authority in its report dated 11.02.2026 has disclosed the steps taken to implement waste management protocol to safeguard the habitat of the Himalayan brown bear as under:-

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“1. The Sonamarg Development Authority (SDA) is under process to to implement waste management protocol to safeguard the habitat of the Himalayan Brown Bear.

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2. The Sonamarg Development Authority (SDA) is actively implementing a comprehensive and scientifically structured waste management protocol as part of its ongoing efforts to safeguard the habitat of the Himalayan brown bear and ensure ecological integrity. These measures are aimed at preventing wildlife habituation to waste, maintaining sanitation across tourist and residential clusters, and ensuring strict compliance with the Solid Waste Management Rules, 2016.

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3. The SDA ensures daily collection and immediate evacuation of all categories of solid waste from the Sonamarg Bowl, adjoining estate villages, and other clusters. Waste collected from these areas is directly transported to the Sarbal Solid Waste Management (SWM) Plant, thereby minimizing the availability of food-based attractants along bear-movement corridors. The Authority maintains a system of strict monitoring and surprise inspections to ensure that no waste is dumped near tourist destinations or along ecologically sensitive routes.

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4. That recognizing scientific findings on bear habituation to food waste, the SDA has initiated a transition from conventional bins to specialized "Bear-Proof and "Wildlife-Resistant" waste receptacles. The procurement of 60 units of Pole Mounted Stainless Steel Dustbins (100-liter capacity) has been completed through the JK GeM portal vide Bid No. GEM/2026/B/7094792 dated 12.01.2026, with supply expected within 15 days. (Refer Annexure-G: GeM Bid Document dated 12.01.2026) Several bins have already been installed at vulnerable and high-footfall sites such as Thajwas and other major tourist locations. Chief Executive Officer

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copy of the bid document for procurement of 60 units of Pole Mounted Stainless Steel Dustbins (100-liter capacity is herewith and marked as ANNEXURE-R-1.)

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5. That the remaining installations are scheduled for completion within the next two weeks, ensuring full operational readiness before the onset of the upcoming tourist season.

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6. That the Sarbal Solid Waste Management Plant operates under a collaborative framework with continuous technical oversight by the SDA. The detailed capacity of the machinery installed at solid waste management plant located at sarbal, sonamarg is tabulated below.

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S. No.	Name of machinery	Capacity
1	Bio composter cum segregator	5 MT's per day
2	Insta auto composter	5 MT's per day
3	Electromagnetic disintegrator	1 MT per day

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7. The waste generation during the peak tourist months increases significantly, ranging between 7-10 metric tonnes per day. To enhance capacity and operational efficiency, augmentation of an additional 2 MT magnetic disintegrator is under process with the Mechanical Department, Srinagar, and preparation of the Detailed Project Report (DPR) and cost estimates is currently underway.

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8. Further, to ensure the complete ecological isolation of waste management operations and enhanced site security, the SDA has finalized and proposed the work for providing and installation of 10feet-dent Authority fencing with a secured main gate around the entire perimeter The Sarbal SWM Plant.

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15. Fuhrer, additional signage and expanded awareness campaigns are proposed under the Budget 2026-27 to ensure sustained knowledge dissemination across stakeholder groups.”

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The above report reveals that during the pendency of this OA action has been initiated by the Sonmarg Development Authority. We are of the view that issue under consideration require not only one time action but it requires continuous and consistence monitoring and remedial action.

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The Learned Counsel appearing for Sonmarg Development Authority has submitted that pole-based dustbins are being installed. The report of the Sonmarg Development Authority also states about the proposal for installation of 10 feet high CGI fencing with a secured main gate around the entire perimeter of the Sarbal SWM Plant.

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The Learned Counsel appearing for Sonmarg Development Authority has further submitted that an expenditure of Rs. 40 lakh is required for this purpose which has already been proposed.

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Having regard to the above analysis, we dispose of the O.A. directing as under:

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(i) We direct the concerned authority to duly consider the proposal of sanctioning Rs. 40 Lakh expeditiously and take appropriate decision, particularly, before the Amarnath Yatra season having regard to the issue raised in this OA;

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(ii) The Sonmarg Development Authority is directed to ensure proper management of solid waste in the area to prevent the movement of the brown bear for feeding on the solid waste;

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(iii) Sonmarg Development Authority and other authorities are also directed to create awareness especially amongst the tourists and all the establishment especially the hotels in that area to ensure that solid waste may not be scattered or thrown in unregulated manner in the area;

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(iv) The concerned authorities will take effective steps in this direction before and during the Amarnath Yatra season, considering the influx of tourists and pilgrims during the Amarnath Yatra;

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(Iv) In case of any violation, J&KPCC will take appropriate action for imposition of environmental compensation by following the due process against the violators.

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The OA is accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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February 12, 2026 Original Application No. 1046/2024 JG.

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News Item Appearing in India.Com Dated 27.07.2024 Titled Saving Kashmir Brown Bears Is a Race Against Time Wildlife Sos and J & K Wildlife Protection Dept Take Challenge vs

Case brief

What is this about?

What did the court decide?

News Item Appearing in India.Com Dated 27.07.2024 Titled Saving Kashmir Brown Bears Is a Race Against Time Wildlife Sos and J & K Wildlife Protection Dept Take Challenge vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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