Environment Policy Group seeks review of J&K Ease of Doing Business rules

Calls for safeguards on land use, environmental protection and disaster risks

Srinagar, October 13: The Environment Policy Group (EPG) has urged Chief Minister Omar Abdullah to review and revise the rules and implementation guidelines under the Jammu & Kashmir Ease of Doing Business Act, 2026, arguing that efforts to facilitate investment should not weaken statutory planning, environmental protection or disaster-risk management.

In a letter to the Chief Minister dated October 12, EPG Convenor Faiz Bakshi called for clearly defined safeguards governing regulatory relaxations, deemed approvals and development proposals that fall outside designated industrial areas or do not conform to applicable Master Plans.

The group said it supported the government’s objective of simplifying permission-based procedures, reducing duplication, introducing digital processes and ensuring time-bound decisions. However, it stressed that procedural simplification must be distinguished from the relaxation of substantive legal requirements.

EPG expressed particular concern over Section 22 of the Act, especially the scope for relaxing or modifying planning requirements. It said the rules should specify objective eligibility criteria, permissible grounds, competent authorities and transparent procedures for exercising such powers.

Any proposal involving relaxation of Master Plan or Zonal Plan provisions, the group said, should be examined by the competent planning authority and supported by a reasoned technical assessment. An approval under the Ease of Doing Business framework should not, by itself, be treated as an amendment to a statutory plan where a separate legal procedure is required.

The group also called for the rules to clarify the relationship between the Act, the Jammu & Kashmir Development Act, 1970, applicable Master and Zonal Plans, Unified Building Bye-Laws and other development-control provisions.

It said the single-window system should facilitate lawful approvals rather than create a parallel mechanism operating independently of statutory land-use controls.

Calls for risk-based scrutiny

EPG proposed a risk-based classification of applications, with routine proposals meeting applicable requirements receiving simplified, time-bound processing. Projects involving wetlands, flood-prone areas, unstable slopes, seismic constraints, heritage sites, environmentally sensitive locations or significant public infrastructure should be subject to proportionate technical and statutory scrutiny.

The group said the classification should rely on published criteria, objective thresholds and reliable spatial information. It cautioned against allowing potentially high-risk development to proceed merely because an administrative deadline had expired.

On deemed approvals, EPG urged the government to specify which categories of applications would qualify, the conditions governing such approvals and the legal consequences of an authority failing to decide within the prescribed period.

While describing deemed approval as a possible means of addressing administrative delays in routine cases, it said the mechanism should not automatically waive substantive requirements relating to land use, environmental protection, structural safety, fire safety or other statutory safeguards.

Seeks integration of planning and environmental data

The group recommended integrating GIS-based Master Plan and Zonal Plan information, land-use classifications, flood-risk maps, wetland boundaries, slope conditions and other environmental and disaster-risk data into the single-window approval system.

It said screening applications against such information at an early stage could help identify conflicts with land-use rules and location-specific restrictions before applicants make substantial investments.

EPG also called for rationalising duplicative or procedural clearances through common applications, standardised documentation, online tracking and coordination between departments, while retaining clearances mandated under applicable environmental, planning, building and public-safety laws.

To improve accountability, it proposed that decisions involving relaxations, exemptions or departures from applicable requirements be supported by written reasons, the relevant legal provisions and records of technical assessments. It also recommended a publicly accessible register of such decisions, subject to applicable law, along with review and grievance-redressal mechanisms.

Wants consultation and periodic review

The group called for consultation with planning authorities, technical experts, environmental institutions, industry representatives and affected communities when proposed changes have significant implications for land use, development controls or environmental safeguards.

It also sought clearly defined responsibilities for the Industries and Commerce Department, planning authorities, local bodies and other agencies, alongside mechanisms for escalating delayed applications and publishing periodic data on processing times, pending applications, deemed approvals and relaxations granted.

EPG recommended a periodic review of the rules to assess whether they had reduced compliance burdens and improved investment facilitation without compromising planning, environmental and safety requirements.

In its letter, the group asked the Chief Minister to direct the concerned departments to review the implementation framework and incorporate the proposed safeguards. Where rules are yet to be finalised, it said the recommendations could be considered during drafting; where rules or guidelines have already been issued, amendments could be considered through the applicable legal process.

The group said the effectiveness of the Act should be measured not only by the speed of approvals but also by the legality, predictability and sustainability of decisions. It offered to engage with the government and assist the concerned departments in developing a framework that supports investment while protecting Jammu & Kashmir’s environmental assets and long-term development interests.