The Bombay High Court on Wednesday directed the respondents to form special cells to ensure that not only awareness is created about the dangers involved in use of nylon manja or other synthetic manja for kite flying but also for taking effective action against the violators as per the ban imposed by the National Green Tribunal.
The Division Bench of Justice Sunil B. Shukre and Justice Anil L. Pansare heard a suo motu PIL relating to the use of nylon/synthetic manja.
The attention of the Court has been invited to the judgment of the National Green Tribunal delivered in Original Application No.384/2016 with connected matters (Khalid Ashraf and another V/s Union of India and others, decided on 11.7.2017 in order to support the argument of the Amicus Curiae (Advocate D.V. Chauhan) that since there is complete ban on the use, manufacture and sale of manja or synthetic thread for kite flying which is made of any synthetic material, the authorities like the respondents have to remain vigilant in enforcing the ban especially during the festival time like Makar Sankranti when the kite flying is at its peak.
On going through the judgment dated 11.7.2017, the Court agreed with the submissions of the Amicus Curiae. The judgment shows that a complete ban has been imposed on manja or nylon thread for kite flying which is made of nylon or any synthetic material. It is further seen by the Bench that all the State Governments have been directed to ban the manufacture, store, use of manja or any other synthetic thread for kite flying and import of synthetic manja or nylon thread or any other similar thread coated with synthetic material in any part of the country has been banned.
There is one order placed on record passed by the National Green Tribunal in Execution Application No.06/2020. This order shows that the States which have given compliance report except the States of Assam, Jharkhand, Kerala, Manipur, Tamil Nadu and Union Territories of Daman and Diu and Dadra and Nagar Haveli have been seen to be compliant as it is stated therein that by these States there is substantial compliance with the directions given in the judgment dated 11.7.2017.
So, from these observations it is inferred by the High Court that the State of Maharashtra, is one of the States which has complied with the directions of the NGT. But, as pointed out by the Amicus Curiae, the compliance has left much to be desired as it is hardly seen at the ground level.
Therefore the High Court observed that is is also a common experience that kite flying using synthetic manja is rampant and it still goes on without any hindrance and, therefore, it is necessary that this year also the authorities keep strict vigil over the import, manufacture, sale and use of synthetic thread including manja or nylon thread for kite flying.
For this purpose, the Court directed the 25 respondents to form special cells comprising responsible officers in association and coordination with the respective Collectorates and respective heads of the police department and ensure that not only awareness is created about the dangers involved in use of nylon manja or any other synthetic manja for kite flying but also for taking effective action against the violators as per the ban imposed by the National Green Tribunal on use of synthetic manja made from nylon or any other synthetic material as per its judgment dated 11.7.2017.
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The Bench has directed each of the respondents to submit the detailed compliance report to the Court on the next date, which is on January 5, 2022.
It is pertinent to note that on the last hearing (March 3) , the Amicus Curiae had apprised the High Court that the removal of manja from trees, satisfactory progress is being made. The authorities are getting a good response from the volunteers. The Amicus has brought to the notice of the Court that the remains of nylon manja are also hanging from the electricity wires and a request is made to the Maharashtra State Electricity Distribution Company Limited in this regard.
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