Delhi High Court: In a petition filed by association of shopkeepers dealing in sale, purchase and storage of kite flying materials including kites (‘petitioners’) challenging notification dated 10.01.2017 (being Notification no. F. 12(508)/Env. /Ban on Manja/2015/64-81) issued by the Department of Environment, Government of NCT of Delhi, a Division Bench of Vibhu Bakhru and Amit Mahajan, JJ., notes that the impugned notification involves two operative directions and the petitioner’s grievance is in regard to the second direction which proscribes the use of adhesive and thread strengthening material. The said direction is not applicable to the manufacturers or dealers of kite flying thread but is directed to persons engaged in kite flying.
The directions in the impugned notification are as follows:
1. There shall be complete ban on the sale, production, storage, supply, import, and use of kite flying thread made out of nylon, plastic or any other synthetic material including popularly known as “Chinese manjha” and any other kite-flying thread that is sharp or made sharp such as by being laced with glass, metal or any other sharp, materials in the National Capital Territory of Delhi.
2. Kite flying shall be permissible only with a cotton thread, free from any sharp/ metallic/glass components/ adhesives/thread strengthening materials.“
The Court noted that the petitioner has no grievance with the first direction. It was further observed that insofar as the petitioner’s grievance regarding the second direction is concerned, the same proscribes the use of adhesive and thread strengthening material. Thus, the said direction is not applicable to the manufacturers or dealers of kite flying thread but is directed to persons engaged in kite flying.
The Court further noted that Respondent 1 has clarified that kite flying will be permitted only from cotton thread, free from any sharp/metallic/glass components/adhesives/thread strengthening materials. This is clearly to ensure that the persons who engage in kite flying use thread that is incapable of causing any injuries. It prohibits them from taking steps to sharpen the kite flying thread by use of sharp metallic or glass components and adhesives. A person flying kites cannot modify the kite flying thread to sharpen the same for the purposes of sparring with fellow sports persons.
The Court opined that insofar as the use of strengthening materials is concerned, the said term is very wide. In the event, the respondents desire to proscribe the strengthening of the thread used for kite flying, it would be necessary for the respondents to clearly specify that dealing above a particular tensile strength of the cotton thread would be prohibited.
The Court finally disposed of the petition as only the first direction is applicable to manufacturers and dealers of thread used for flying kites which is not under challenge.
[Hathkargah Laghu Patang Udyog Samiti v. Government of NCT of Delhi, 2022 SCC OnLine Del 2772, decided on 02-09-2022]
Advocates who appeared in this case :
Mr. Pankaj Bhagat, Advocate, for the petitioner;
Mr. Karn Bhardwaj Advocate, for the respondent.
*Arunima Bose, Editorial Assistant has put this report together.
