Bombay High Court
Courts On Its Own Motion vs State Of Maharashtra, Through Its ... on 15 December, 2021
Bench: S.B. Shukre, Anil Laxman Pansare
1
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
SUO MOTO PUBLIC INTEREST LITIGATION NO.1/2021
Court on it's own motion
..Vs..
State of Maharashtra, through it's Principal Secretary and others
------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Mr. Devendra V. Chauhan, Amicus Curiae.
Mr. D.P. Thakare, Additional Government Pleader for respondent Nos.1, 2,
4 to 6.
Mr. J.B. Kasat, Advocate for respondent No.3.
Mr. S.S. Sanyal, Advocate for respondent No.27.
CORAM :- SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATED :- 15.12.2021.
Heard.
2. Leave to add Union of India as party respondent is
granted. Amendment to the cause title be carried out
forthwith.
3. Mr. U.M. Aurangabadkar, learned A.S.G.I. would
waive notice for newly added respondent Union of India,
through Ministry of Environment Forest and Climate
Change.
4. Our attention 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
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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
Sankrant when the sport of kite flying is at it's peak.
5. On going through the judgment dated 11.7.2017
we cannot but agree with the submissions made before us
on behalf of the petitioner by learned 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 that all the State Governments have been directed to
ban the manufacture, store, use of manja or any other
synthetic thread for kite flying. It is further seen that
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.
6. 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 Aasam,
Jharkhand, Kerala, Manipur, Tamilnadu and Union
Territories 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 can be inferred that the State
of Maharashtra, is one of the States which has complied
with the directions of the N.G.P.. But, as pointed out by
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the learned Amicus Curiae, the compliance has left much
to be desired as it is hardly seen at the ground level. It 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 and for this purpose,
we direct respondent Nos.2 to 26 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 it's
judgment dated 11.7.2017.
7. Each of the respondents are directed to submit the
detailed compliance report to this Court on the next date.
8. Leave to serve the notice upon respondent Nos.15,
17, 19 and 21 through their respective standing counsel
is granted.
9. Registry to ensure the service of notice on these
respondents within a weeks' time.
10. Stand over to 5th January, 2022.
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CIVIL APPLICATION NO.312/2021
11. We grant liberty to the applicant to assist the
learned Amicus Curiae as we find that in a public interest
litigation, which is not an adversarial litigation, there is
hardly any scope for intervention rather there is ample
scope for assistance. The civil application stands
disposed of in these terms. No costs.
JUDGE JUDGE
Tambaskar.
Signed By:NILESH VILASRAO
TAMBASKAR
Private Secretary
Signing Date:15.12.2021 19:43
