By: Mohd Amin Mir

Once upon a time, the landscapes of Jammu and Kashmir were defined by the graceful sway of chinar leaves in the breeze and the majestic silhouette of walnut trees standing tall on hillsides and village borders. These trees were more than flora; they were symbols of culture, commerce, and continuity. Today, however, they face an existential threat, not from natural calamities or pests, but from human avarice, administrative confusion, and legal loopholes.

The question at the heart of the crisis is deceptively simple: Who has the authority to permit the cutting of walnut and chinar trees in Jammu & Kashmir? Can a Divisional Forest Officer (DFO) legally prevent a Tehsildar from granting such permission? Or is this power misplaced in a bureaucratic tangle?

This article explores the intricate interplay of law, history, current misuse, and the environmental consequences of inaction, while also offering a roadmap for safeguarding these ecological and cultural treasures.

The Legal Terrain: Section 133 CrPC and Its Applicability

Section 133 of the Code of Criminal Procedure (CrPC), 1973 empowers Executive Magistrates, such as Tehsildars, to issue conditional orders for the removal of public nuisances. These could range from obstructed pathways to dangerously hanging structures, and in some disputed interpretations, even trees.

However, legal scholars and judgments have made it increasingly clear that Section 133 cannot override special statutes where such statutes exist to deal with a specific subject matter — such as environmental conservation and forestry.

In this light, it becomes evident that Section 133 CrPC is not legally tenable as a tool to grant permission for felling specified trees like walnut and chinar, which are governed under a special law in Jammu and Kashmir.

The Preservation Law: J&K Preservation of Specified Trees Act, 1969

Enacted with foresight, the Jammu and Kashmir Preservation of Specified Trees Act, 1969 is the cornerstone legislation that regulates the felling of walnut and chinar trees. The law was framed to prevent indiscriminate cutting and ensure these heritage trees are........

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