In a significant legal ruling, the Kharkhoda Civil Court in Haryana discharged a farmer named Ravinder who was accused of burning stubble, finding that the prosecution lacked merit because the District Magistrate's ban on stubble burning was no longer in force on the date of the alleged violation. The court discovered that the ban remained effective from September 12, 2024, to November 10, 2024, but the complaint was filed on November 15, 2024, for an incident that occurred on November 14, 2024, meaning the order had already expired when the alleged burning took place. Beyond the procedural issues, the court also condemned the District Level Committee for imposing an unjustified fine on the farmer, charging him double the prescribed environmental compensation amount. According to the court's findings, farmers with less than 2 acres of land should pay ₹2,500 in environmental compensation, but Ravinder was forced to pay ₹5,000 without proper justification or an opportunity to be heard. The court characterized this action as "unjust and unlawful enrichment" and "a matter of putrescence and dishonesty" within the District administration. As a remedy for the wrongful prosecution and loss of time, the court awarded the farmer only ₹1,000 under Section 399 of the Bharatiya Nyaya Sanhita (BNSS), which the article's title suggests is an inadequate and illusory remedy for the farmer's suffering. The court directed that a copy of the order be sent to the State Human Rights Commission and the Environment Department for investigation into the erring officials. This case highlights systemic issues in the enforcement of environmental regulations, including procedural lapses, administrative overreach, and the inadequacy of compensation mechanisms available under current law to address wrongful prosecutions.
Why it matters:
- Exposes flaws in stubble-burning enforcement where farmers face prosecution even after ban orders expire, raising questions about procedural compliance and administrative accountability
- Demonstrates inadequacy of existing compensation mechanisms (₹1,000 award) for wrongful prosecution and highlights systemic corruption within district-level environmental enforcement committees
Key Points
- Farmer discharged because stubble-burning ban was no longer in force on the date of alleged violation (ban ended November 10, incident on November 14)
- District authorities imposed double the prescribed environmental fine (₹5,000 instead of ₹2,500) without justification or hearing opportunity
- Court awarded only ₹1,000 compensation under Section 399 BNSS for wrongful prosecution and loss of time
- Court found serious procedural violations including lack of proper authorization letters and written complaints from District Magistrate
- Court directed investigation by State Human Rights Commission and Environment Department into erring officials for administrative misconduct
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Summary
In a significant legal ruling, the Kharkhoda Civil Court in Haryana discharged a farmer named Ravinder who was accused of burning stubble, finding that the prosecution lacked merit because the District Magistrate's ban on stubble burning was no longer in force on the date of the alleged violation. The court discovered that the ban remained effective from September 12, 2024, to November 10, 2024, but the complaint was filed on November 15, 2024, for an incident that occurred on November 14, 2024, meaning the order had already expired when the alleged burning took place. Beyond the procedural issues, the court also condemned the District Level Committee for imposing an unjustified fine on the farmer, charging him double the prescribed environmental compensation amount. According to the court's findings, farmers with less than 2 acres of land should pay ₹2,500 in environmental compensation, but Ravinder was forced to pay ₹5,000 without proper justification or an opportunity to be heard. The court characterized this action as "unjust and unlawful enrichment" and "a matter of putrescence and dishonesty" within the District administration. As a remedy for the wrongful prosecution and loss of time, the court awarded the farmer only ₹1,000 under Section 399 of the Bharatiya Nyaya Sanhita (BNSS), which the article's title suggests is an inadequate and illusory remedy for the farmer's suffering. The court directed that a copy of the order be sent to the State Human Rights Commission and the Environment Department for investigation into the erring officials. This case highlights systemic issues in the enforcement of environmental regulations, including procedural lapses, administrative overreach, and the inadequacy of compensation mechanisms available under current law to address wrongful prosecutions.
Why It Matters
Exposes flaws in stubble-burning enforcement where farmers face prosecution even after ban orders expire, raising questions about procedural compliance and administrative accountability
Demonstrates inadequacy of existing compensation mechanisms (₹1,000 award) for wrongful prosecution and highlights systemic corruption within district-level environmental enforcement committees
Key Points
- Farmer discharged because stubble-burning ban was no longer in force on the date of alleged violation (ban ended November 10, incident on November 14)
- District authorities imposed double the prescribed environmental fine (₹5,000 instead of ₹2,500) without justification or hearing opportunity
- Court awarded only ₹1,000 compensation under Section 399 BNSS for wrongful prosecution and loss of time
- Court found serious procedural violations including lack of proper authorization letters and written complaints from District Magistrate
- Court directed investigation by State Human Rights Commission and Environment Department into erring officials for administrative misconduct
Source: www.barandbench.com
Original Publish Date: 29/11/2025
Entities: State of Haryana, Ravinder (farmer), Kharkhoda Civil Court, Judge Vikrant, District Magistrate, Sonipat, District Level Committee, Sonipat, State Human Rights Commission, Haryana, Environment Department, Haryana
