Delhi High court said that. This was observed in the case of HATHKARGAH LAGHU PATANG UDYOG SAMITI (REG.) v. GOVERNMENT OF NCT OF DELHI AND ANR. (W.P.(C) 13163/2019 & CM APPL. 53573/2019). The case was presided over by the division bench of HON’BLE MR. JUSTICE VIBHU BAKHRU and HON’BLE MR. JUSTICE AMIT MAHAJAN.
Facts of the case-
Producer of kite flying thread who claimed that the product was entirely biodegradable filed a plea challenging the the notification issued by the Delhi Government which imposed a complete ban on the sale, production, storage, supply, import and use of kite flying thread made out of nylon, plastic or Chinese manja in the national capital. Here the petitioner claimed that it was engaged in production and selling of cotton kite flying thread which was strengthened by natural adhesives such as rice and eggs.
Furthermore the petitioner argued that he is willing to refrain from using any crushed glass or other synthetic sharp material and then demanded the impugned order to be ultra vires.
The court held that persons Flying Kite Can’t Modify Thread to Sharpen It with Metallic or Glass Components for the purpose of duelling with another person. It said “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 was also of the view that if the Delhi Government desired to proscribe strengthening of the thread used for kite flying, it would be necessary for it to clearly specify that dealing above a particular tensile strength of the cotton thread would be prohibited. Regarding this the observation by the court was that “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,“.
Furthermore as the petitioner’s grievance in regard to the second direction was concerned, the same 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.
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Judgement reviewed by Utkarsh Sahu