The Division Bench of the Delhi High Court in the case of Hathkargah Laghu Patang Udyog Samiti (Reg.) vs Government of NCT of Delhi & Anr. consisting of Justice Vibhu Bakhru and Amit Mahajan ordered the State Government to clarify the scope of the ban on Chinese Manjha and whether a biodegradable kite flying thread is included in it.
Facts
The petitioner filed this petition inter alia impugning a Notification whereby the respondent prohibited sale, production, storage and supply of kite flying threads made out of nylon and plastic or any other synthetic material (Chinese manja).
Contentions Made
Petitioner: The petitioner stated that it is engaged in the business of producing and selling cotton kite flying thread which is strengthened by natural adhesives such as rice and eggs and it is entirely biodegradable. It was also contended that traditionally the powdered glass was used to make the said thread slightly sharp, however, it was willing to refrain from using it or any such synthetic sharp material. It was further contended that although the product produced and sold by it did not fall within the rigors of the impugned notification, there was an apprehension that the concerned officers of the respondent would use coercive steps against it.
Order
The Bench ordered the respondent to clarify whether a biodegradable kite flying thread with biodegradable adhesives or strengthening material, would fall within the scope of the impugned notification and regarding the maximum permissible tensile strength. The respondent sought time for the same. Accordingly, this case was listed on 2nd September 2022.
Case: Hathkargah Laghu Patang Udyog Samiti (Reg.) vs Government of NCT of Delhi & Anr.
Citation: W.P.(C) 13163/2019 & CM APPL. 53573/2019
Bench: Justice Vibhu Bakhru, Justice Amit Mahajan
Decided on: 16th August 2022
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