Calcutta High Court
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Administration must strictly adhere to notification banning Chinese, nylon and plastic manjha for kites: Calcutta High Court

On March 20, the State had imposed a complete ban on Chinese/nylon/plastic manjha or thread for flying kites. The Calcutta High Court has now directed that the authorities must ensure the strict compliance of this ban.

Bar & Bench

The Calcutta High Court on Tuesday asked the Kolkata administration to strictly adhere to the complete ban imposed by the State government on Chinese manjha used for flying kites (Karunamoyee Samanta Vs The State of West Bengal & Ors).

While hearing a PIL raising the grievance concerning damage caused by nylon and Chinese manjhas used in kites, particularly for pedestrians and motorists, the High Court directed the Kolkata administration to see to it that the notification banning the product is completely and strictly complied with.

The Bench of Chief Justice Thottathil B Radhakrishnan and Justice Arijit Banerjee observed that previous orders passed by the National Green Tribunal (NGT) and subsequently the State Government banning the Chinese nylon manjhas for kites have already addressed grievance raised by the petitioner.

Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee
Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee

As such, the Court did not deem it necessary to leave the plea pending. However, before parting the Court directed the administration to adhere to and comply with the notification issued by the State strictly.

"We, however, observe that the notification issued by the State Government shall be strictly adhered to by the administration and will be given full effect."
Calcutta High Court

On March 20 this year, Department of Environment, Government of West Bengal imposed a complete ban on the use of Chinese/Nylon/Plastic manjha or thread for kite flying, while invoking Section 5 of the Environment Protection Act, 1986 and in compliance with the NGT's directions.

The Calcutta High Court has now directed that this ban by given full effect. .

Petitioner was represented by Advocate Jayanta Samanta, and the State was represented by Advocate General Kishore Dutta, Additional Advocate General Abhratosh Majumdar and Advocate Debasish Ghosh.

Read Order:

Karunamoyee Samanta vs State of West Bengal.pdf
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