The requirement of registration with the Central Pollution Control Board under Rule 19 of the Hazardous Wastes (Management and Handling) Rules, 1989 is essential for carrying out activities of recycling or re-refining.

B. Sudershan Reddy, J.

1. The petitioner in writ petition, i.e., WP(C) No. 4068/05, invokes the extraordinary jurisdiction of this Court under Article 226 of Constitution of India challenging the proceeding dated 15.3.2005 (hereinafter referred to as the "impugned order") whereby and whereunder the Pollution Control Board, Assam directed the petitioner to close down the industrial unit with immediate effect. The order is challenged on various grounds and we shall advert to each one of them a little later.

2. In order to consider as to whether the impugned order suffers from any infirmities, as alleged, it may be necessary to notice relevant facts as disclosed in the pleadings and as well as materials available on record.

3. The petitioner's industry is engaged in the trade of re-refining of used and waste lubricants, which are, admittedly, branded and characterized as hazardous wastes. It manufactures refined industrial oil. It may not be necessary to notice the details involved in the manufacturing process. Suffice it would be for our purpose to note the manufacturing activity involves reconditioning of the burnt oil/black oil which is otherwise unfit for any use. End product results in manufacture of serviceable oil, which can be used in any and every industry as branded quality oil.

4. The petitioner applied for No Objection Certificate from the Pollution Control Board and the Board granted No Objection Certificate to the petitioner for setting up a re-refining oil manufacturing unit vide its order dated 28.9.2002. The petitioner, thereafter, applied to the Pollution Control Board, Assam for permission to operate the unit, which was established in the meanwhile, and the Board vide its proceeding dated 12.8.2004 granted consent to operate for the year 2004-05. The Pollution Control Board, Assam having considered the application of the petitioner also granted authorization with effect from 13th October, 2004 under the provisions of Hazardous Wastes (Management and Handling) Rules, 1989 (hereinafter referred to as "said Rules") vide proceeding dated 14th October, 2004 subject to the terms and conditions mentioned therein.

5. The petitioner's industry has also applied for its registration as a recycler or re-refiner of non-ferrous metal wastes/used oil/waste oil as is required under Rule 19 of the said Rules in Form 11 to the Central Pollution Control Board, Delhi on 30.1.2005. The Central Pollution Control Board, so far, did not grant any registration to the petitioner's industry and the application is stated to be under its consideration.

6. That, in the meanwhile, the Pollution Control Board, Assam passed the impugned order directing the petitioner's industry to close down its unit on the basis of the intimation from the Central Pollution Control Board, Delhi that the petitioner's industry is yet to be registered with the Central Pollution Control Board, Delhi as a recycler or re-refiner of hazardous wastes (including re-refining of used oil) till that date. The Pollution Control Board, Assam issued the order on the ground that the petitioner's industry violated the provisions of the said Rules and as well as conditions at Serial No. 9 of the authorization issued to the petitioner. It is that order which is impugned in this writ petition.

7. The contention of the petitioner in the instant writ petition is that the impugned order dated 15.3.2005 practically amounts to cancellation of the authorization granted to the petitioner's industry and the same could not have been passed without providing an opportunity of being heard or to show cause as is required under the provisions of Sub-rule (1) of Rule 6 of the said Rules.

8. The only question that is required to be considered in the instant writ petition is as to whether the directions issued by the Pollution Control Board, Assam directing the petitioner to close down its industrial unit suffers from any infirmities.

9. We do not propose to burden this short order of ours with v