The National Green Tribunal (NGT) took Suo Motu cognizance of a report on the depleting habitat of the Himalayan Brown Bear due to the unplanned disposal and treatment of waste in Sonmarg region of Kashmir.
The petition is registered suo motu on the basis of the news item dated 27.07.2024.
As per the article, Wildlife SOS has initiated a research project with J&K Wildlife Protection Department in studying Himalayan brown bears and identifying factors leading to human-brown bear conflict in Sonmarg.
The news item highlights that in a study by Wildlife SOS in 2021, 75% of the diet of bears was human-made garbage dumps including plastic, chocolates and organic food waste.
The article claims that very little is known about the ecology and behavior of bears in India, and hence its population is being severely affected due to various factors like tourism, construction activities, livestock grazing, agriculture, settlements, highways, railroad, tunnelling and poaching.
The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of Forest (Conservation) Act, 1980, Biological Diversity Act, 2002 and the Environment (Protection) Act, 1986.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
(1). Wildlife SOS, Through its chief executive officer.
(2). Principal Chief Conservator of Forests, Jammu & Kashmir .
(3). Ministry of Environment, Forest and Climate Change.
(4). The Central Pollution Control Board, Through its Member Secretary.
(5). J&K Pollution Control Board, Through its Member Secretary.
(6). District Magistrate, Kupwara.
The Bench issued notice to the Respondents and listed the matter on 12.11.2024.