Delhi High Court: In a PIL filed seeking to impose a complete ban on flying kites, a Division Bench of Satish Chandra Sharma, CJ and Subramonium Prasad J. clarified that complete ban cannot be granted but the use of Chinese Maanjha can be curbed by strictly adhering to orders and notifications passed by the Government and competent authorities from time to time.
The petition was filed by a practicing Advocate ‘petitioner' seeking issuance of writ in the nature of Mandamus or any other appropriate writ/direction/ order to Union of India ‘respondents' to impose complete ban on flying, making, sale-purchase, storage, transportation of kites and objects used in making and flying of kite. This is due to use of kite flying thread made up of Nylon, Plastic and other Synthetic material commonly known as Chinese Maanjha which has led to a large number of accidents taking place in and around Delhi. A large number of people are getting injured, and not only people, even animals and birds are also becoming victims of Chinese Maanjha.
Counsel for State informed Court regarding a notification dated 10-01-2017 issued by GNCTD which imposes complete ban on use of Chinese Maanjha and other similar material and a Monitoring Committee has also been constituted to look into the matter. The state has ensured strict compliance of the notification before Court.
Further, it was also brought to the attention of the Court that an order dated 10-08-2020 has been passed by National Green Tribunal prohibiting manufacture, sale, storage, purchase and use of thread made of Nylon, synthetic material and/or coated with synthetic substance which is non-biodegradable for kite flying, and the said order of the NGT has been circulated to all authorities and strict compliance of the same is being ensured.
State also submitted that an order dated 18-07-2020 issued by ACP, Sub-Division — Mehrauli in exercise of powers under Section 144 Criminal Procedure Code has been passed in respect of imposing of ban on use of Chinese Maanjha
Thus, the Court noted that no further orders were required to be passed and further directed the strict compliance of the order passed by the NGT as well as the earlier order passed by the Government on the subject.
[Sanser Pal Singh v. Union of India, WP (C) No. 11592 of 2022, decided on 05-08-2022]
Advocates who appeared in this case :
For Petition- In person
For Respondents- Mr. Chetan Sharma, Additional Solicitor General and Mr. Anil Soni, CGSC with Mr. Amit Gupta, Mr. Rishav Dubey, Mr. Sahaj Garg & Mr. Saurabh Tripathi, Advocates for Respondent No.1/ UOI. Mr. Sameer Vashisht, Additional Standing Counsel with Ms. Sanjana Nangia, Advocate for Respondent No.2/ GNCTD. Mr. Sanjay Lao, Standing Counsel with Ms. Supriya Manan & Mr. Karan Jeet Rai Sharma, Advocates along with Mr. Shankar Banerjee, ACP (Legal Division) and Mr. Vinod Sharma, Inspector (Legal Division), PHQ, Delhi Police, for Respondent No.3/ DP.
*Arunima Bose, Editorial Assistant has reported this brief.
