Srinagar, April 30: Promin3nt Environmental lawyer Nadeem Qadri has raised serious concerns over the reported vandalisation of heritage Chinar trees at Naseem Bagh within the University of Kashmir campus, warning that any such action under the pretext of “development” could amount to a violation of established environmental laws.
In a press statement issued on Wednesday, Qadri said that if the allegations are substantiated, they would constitute a direct breach of environmental jurisprudence laid down by the Supreme Court of India, including key legal principles such as the Public Trust Doctrine, Precautionary Principle, and Intergenerational Equity.
He further stated that such actions would infringe upon Article 21 of the Constitution of India, which has been interpreted by courts to include the right to a clean and healthy environment.
Highlighting the ecological and cultural importance of the Chinar (Platanus orientalis), Qadri emphasized that the University of Kashmir, as the lawful custodian of the site, bears a non-delegable responsibility to protect the centuries-old trees. He warned that any construction activity or soil disturbance affecting the root zones of these trees could cause irreversible ecological damage.
The lawyer noted that such damage could attract the principle of strict liability, making authorities accountable for environmental harm regardless of intent. He called for an immediate halt to all ongoing works in the area and demanded a court-monitored independent environmental assessment to ascertain the extent of damage.
Qadri also urged authorities to fix responsibility for any violations, cautioning that failure to act promptly would compel him to initiate appropriate legal proceedings.
“Destruction of protected heritage in the name of development is legally untenable and constitutionally impermissible,” he said.
The issue has sparked concern among environmentalists and citizens, given the historic and ecological significance of Naseem Bagh, known for its iconic Chinar trees that form a vital part of Kashmir’s natural heritage.
