Khalid Ashraf & Anr vs Union of India & Ors

This application seeks enforcement of order of this Tribunal dated 11.07.2017 in O.A. No. 384/2016, Khalid Ashraf vs. Union of India. By the said order, the Tribunal prohibited use of nylon or synthetic thread for kite flying.

According to the applicant, such thread is still being used. However, no such violator has been named nor impleaded as a party. The applicant has merely added all States in the Country as party.

In absence of alleged violators being party, we are unable to entertain the application.

Identical application was considered by the Tribunal vide order dated 18.04.2023 in M.A. No. 19/2023 & M.A. No. 20/2023 in E.A. No. 06/2020 in O.A. No. 384/2016, Khalid Ashraf vs. Union of India. The Tribunal observed:-

“5. There can’t be any dispute that use of thread for kite flying made of Nylon or synthetic material or coated with synthetic substance need to be prohibited as already directed by this Tribunal. However, enforcement of such prohibition is a matter for regulation by the concerned authorities. In absence of particulars of individuals violating such norm, it is not found viable to enforce the ban merely by requiring authorities to enforce the same.”

In view of above, the application which stands disposed of accordingly.

M.A. No. 41/2023 will also stand disposed of.