Bombay HC to issue new guidelines to ban and punish illegal kiting in the state
The Bombay High Court at the seat of Nagpur ruled last week that the existing legal framework to regulate the illegal flying of kites in Maharashtra was not effective enough. The HC therefore said that new guidelines were to be published soon.
A bench of judges Sunil Shukre and Anil Pansare heard a PIL suo motu regarding the use of nylon maanja for kite flying in the state, particularly during the Makar Sankrant festival.
The bench said: “We believe that within the existing legal framework, there is no effective provision that imposes appropriate fines and penalties for violating the guidelines issued by the National Green Tribunal (NGT) as well as the prohibitions of the environmental law.
“Therefore, it has become necessary for this Court to issue the necessary directives in the matter,” the bench pointed out.
The bench further noted that there is a provision in the Maharashtra Police Act which could be relied upon for breaching the guidelines issued by the NGT. He further pointed out that penalties for illegal flying of kites are also provided under the Police Act of Maharashtra.
“The sentence appears to be quite mild in the current circumstances and, therefore, new arrangements should be considered and recommended to state authorities,” the judges said.
Accordingly, the bench ordered Devendra Chauhan, the amicus curiae in the case as well as other parties to the case, to assist the court in developing these guidelines.
The case would then be heard after eight weeks.
(To receive our E-paper on WhatsApp daily, please click here. We allow the PDF of the paper to be shared on WhatsApp and other social media platforms.)
Posted: Sunday, January 23, 2022, 11:57 p.m. IST