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High Court Directs Delhi Govt To Ensure Strict Compliance Of Orders Banning Sale Of 'Chinese Manjha' For Kite Flying

Nupur Thapliyal
9 Aug 2022 2:30 PM GMT
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The Delhi High Court has directed the Delhi Government to ensure strict compliance of the orders passed by it as well as the National Green Tribunal (NGT) banning sale of Chinese synthetic manjha used in flying kites.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a PIL filed by Advocate Sanser Pal Singh seeking a complete ban on flying of kites as well as manufacturing, sale and storage of objects used in the same.

While the Court was of the view that a complete ban on flying of kites cannot be granted as kite flying is a "part of our culture and heritage", it said that the use of Chinese Maanjha or synthetic thread was "certainly causing grave concern."

The counsel appearing for Delhi Government apprised the Bench that a notification was issued by the State in 2017 directing a complete ban on the sale, production, storage and use of Chinese manja or any other sharp materials for kite flying in the city.

"The aforesaid notification 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 Respondents have stated that they are ensuring strict compliance of the aforesaid notification," the Court noted.

The Court was also apprised by the order passed by NGT had imposed complete ban on manufacture, distribution, sale and use of nylon or any synthetic manjha or thread holding that the same is lethal in nature and non-biodegradable.

Furthermore, the Court was also informed that FIRs were registered against persons who were violating the order passed by the NGT and the notification issued by the Delhi Government.

It was also informed that in as many as 255 cases, action was taken against the persons selling, making, storing & transporting the banned Chinese Maanjha from January 1, 2017 to July 31, 2022 and that the said drive was still going on.

"In the light of the aforesaid, no further orders are required to be passed in the present PIL. However, the State is directed to ensure strict compliance of the order passed by the NGT as well as the earlier order passed by the Government on the subject," the Court ordered.

The plea was accordingly disposed of.

Calling it a 'kitemania', the plea argued that the use of string or thread that are glass coated or metallic, which are popularly known as "Chinese maanjha" are dangerous to the life and safety of humans, besides birds.

"Because each and every time, a competition takes place between kite flyers; the said competition is never ending, wherein on every occasion each kite flier tries to take down other kite-flyer by trying to take him out of the competition by trying to cut the other competitor/person's kite. In pursuance thereof, each kite flier/competitor tries to use of an improved and more potent/dangerous thread than the other competitor's," the plea added.

Case Title: Sanser Pal Singh v. UOI & Ors

Citation: 2022 LiveLaw (Del) 770

Click Here To Read Order


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