J&K Ease of Doing Business Act Brings Tree Felling Under Self-Certification

JAMMU AND KASHMIR — The Jammu and Kashmir government has operationalized key provisions of the Ease of Doing Business Act, 2026, bringing tree felling and tree transit under a self-certification mechanism. The framework, detailed in a notification issued on November 4, aims to simplify compliance for commercial and development activities at the district level.

Under Schedule V of the legislation, applicants are permitted to certify compliance with prescribed requirements instead of following the conventional No Objection Certificate (NOC)-based process for specified activities. The broader notification references Section 23 and Schedules III and V, providing mechanisms for self-certification and third-party certification while offering enterprises holding a valid Certificate of In-Principle Approval (CIPA) a three-year protection from routine inspections.

However, the new regulations have raised questions regarding safeguards and procedures. The notification does not separately outline specific procedures or safeguards governing the removal of trees. An exception exists for specified trees under the Jammu and Kashmir Preservation of Specified Trees Act, 1969, which continues to require a permit from the prescribed authority. The overlap has created uncertainty about which tree categories fall under self-certification versus prior permission laws.

The framework has drawn immediate concern from civil society and local agricultural communities. Khurshid Ahmed Ganai, a retired IAS officer and chairman of the Group of Concerned Citizens (GCC), warned that several provisions of the Act could cause permanent damage to the region's environment and negatively impact the quality of life.

Ganai noted that the legislation could potentially promote large-scale land conversion, violations of Master Plan discipline, and unregulated commercialization of residential areas. He advised the Union Territory government to suspend the law's implementation until it is thoroughly reviewed and reformulated in consultation with stakeholders, professionals, academics, and civil society members.

Agricultural communities have echoed similar concerns. Ghulam Mohidin, an apple farmer, stated that trees were already being cut down to facilitate the construction of Controlled Atmosphere (CA) storage facilities, raising fears that the self-certification mechanism could accelerate the felling of apple trees.

"Regulatory reforms aimed at improving the ease of doing business must carefully balance commercial growth with environmental safeguards. When frameworks introduce self-certification for sensitive activities like tree felling without explicit procedural safeguards, it creates regulatory ambiguity and operational friction for local stakeholders. Policymakers need to engage transparently with industry participants, environmental experts, and local communities to ensure that economic development aligns with long-term ecological sustainability." — Dr. Shishir Gupta, Founder & CEO, StartupLanes