The Delhi High Court in Hathkargah Laghu Patang Udyog Samiti (Reg.) v/s Government Of Nct Of Delhi And Anr. observed that a person engaged in kite flying cannot modify the kite flying thread to sharpen it by using sharp metallic or glass components and adhesives for the purposes of sparring with fellow sports persons.
The facts, in brief, are that the petitioner has filed the present petition, inter alia, impugning the Notification dated 10.01.2017 (being Notification no. F. 12(508)/Env./ban on Manja/2015/64-81–hereafter ‘the impugned notification’) issued by the Department of Environment, Government of NCT of Delhi. He claims that it is an association of shopkeepers dealing in the sale, purchase and storage of kite flying materials including kites, thread known as ‘Saddi’ and “Manja” made of traditional cotton thread manufactured in smaller cities.
The petitioner’s grievance is that the impugned notification is couched in ambiguous terms and therefore, has the propensity to be used as an instrument of harassment to manufacturers and dealers of kite flying thread. In particular, the petitioner refers to the second direction issued in the impugned notification, which mandates that kite flying is permissible “only with a cotton thread, free from any sharp/ metallic/glass components/ adhesives/thread strengthening materials.
The Court after perusing the directory part of the notification observed that the first direction relates to the prohibition on the sale, production, storage, supply, import, and use of kite flying thread, which is made out of nylon, plastic or any other synthetic material including Chinese manja. It does not include cotton thread meant for flying kites.
It further observed that, “The injuries that are caused due to use of kite flying thread are on account of thread being made sharp and to that extent, the impugned notification has clarified that neither glass nor any other sharp material would be used for sharpening the kite flying thread. Thus, no clarification in regard to the first direction is necessary.”
It was also observed that a person flying kites cannot modify the kite flying thread to sharpen the same for the purposes of sparring with fellow sports persons. In view of the clarification that only the first direction is applicable to manufacturers and dealers of thread used for flying kites.