JUDGMENT B. Sudershan Reddy, C.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 various authoritative pronouncements of the Apex Court as to what should be the approach of the Constitutional Courts while reviewing the decisions of the statutory authorities exercising the regulatory control to control pollution. The Pollution Control Boards, be it the Central or State, in exercise of their powers and performance of functions are clothed with ' necessary jurisdiction to issue directions, in writing, to any person, officer, authority and such person, officer or authority is bound to comply with such directions. This means, the Board can issue directions to an industry to stop functioning which includes closure, prohibition, etc. The judicial perspectives for a long have been invariably to strengthen the hands of regulatory agencies in their attempts to enforce the statutory provisions. The law is required to be relentlessly enforced and the plea of loss of business and impact on employment in complying with the instructions of regulatory agencies will be poor alibi. The dynamics of the judicial process has a new enforcement dimension.

10. In the aforesaid background, we shall proceed to consider the validity of the impugned order/The petitioner obtained No Objection Certificate from the Pollution Control Board for setting up re-refining oil manufacturing unit on 28.9.2002 and established a unit on 31.3,2003 prior to amendments to the Hazardous Wastes (Management and Handling) Rules, 1989 with effect from 28.5.2003. But the Pollution Control Board, Assam, granted consent to operate and as well as issue authorization under the provisions of the said Rules on 12.8.2004 and 13.10.2004 respectively, that is to say, after the amendments to the said Rules have come into force. It may not be necessary to examine as to whether the Pollution Control Board, Assam at all could have granted authorization under the said Rules to the petitioner even in the absence of certificate of registration from Central Pollution Control Board. We have our reservations but there is no need to further dialect on the same.

11. We are required to note that Rule 19 of the said Rules mandates that every person desirous of recycling or re-refining non-ferrous metal wastes or used oil or waste oil shall register himself with Central Pollution Control Board. Rule 19 prescribes for procedure for registration and renewal of registration of recyclers and re-refiners, which is to the following effect:

19. Procedure for registration and renewal of registration of recyclers and re-refiners. - (1) Every person desirous of recycling or re-refining non-ferrous metal wastes as specified in Schedule 4 or used oil or waste oil shall register himself with the Central Pollution Control Board:

Provided that no owner or occupier of an industrial unit having captive recycling of non-ferrous metals or recycling of waste oil or re-refining of used oil facility shall be required to register under these rules:

Provided further that no person who has registered with the Ministry of Environment and Forests before the commencement of the Hazardous Wastes (Management and Handling) Amendment Rules, 2003, shall unless such registration is cancelled or ceases to operate under Sub-rule (3) of Rule 21, be required to register under this Sub-rule as given in the certificate of registration.

(2) Every application for registration under this rule shall be made in Form 11 along with a copy each of the following documents to the Central Pollution Control Board for the grant of such registration or renewal:

(a) letter of consents granted under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981;

(b) Authorization granted under Rule 5 of these rules;

(c) Certificate of registration with District Industries Centre;

(d) Proof of installed capacity of plant and machinery issued by either State Pollution Control Board or Committee or the District Industries Centre; and

(e) Report from the State Pollution Control Board or Committee regarding proof or compliance of effluent and emission standards and treatment and disposal of hazardous wastes as stipulated by that Board, or Committee.

(3) If the Central Pollution Control Board is satisfied that the recyclers or re-refiners possess requisite facilities, technical capabilities, and equipment to recycle or re-refine the wastes and dispose of the hazardous wastes generated, it shall grant a certificate of registration to such recycler or re-refiner, as the case may be.

(4) The Central Pollution Control Board shall dispose of the application for registration within 120 days of receipt of such application with complete details.

(5) The certificate of registration granted under Sub-rule (3) shall be valid for a period of two years from the date of its issue unless suspended or cancelled earlier.

(6)...

(7)...

(8)...

(9)...

(10)...

(11)...

(12)...

(13)...

12. Rule 21 of the said Rules mandates that re-refiners or recyclers shall use only an environmentally sound technology while recycling or re-refining non-ferrous metal wastes or used oil/waste oil.

13. That a plain reading of Rule 19 of the said Rules suggests that no person can undertake any activity of recycling or re-refining of any non-ferrous metal wastes or used oil/waste oil unless gets registered with the Central Pollution Control Board. The opening words of the Rules 'every person desirous of recycling or re-refining' suggests that every owner or occupier of industrial unit which undertakes recycling or re-refining is under statutory obligation to register himself before undertaking any such activity of recycling or re-refining. The grant of certificate of registration is not an empty formality or ritual, for, such certificate of registration can be granted by the Board only if it is satisfied that the recyclers or re-refiners possess requisite facilities, technical capabilities, and equipment to recycle or re-refine the wastes and dispose of the hazardous wastes generated. Every application for such registration is required to be considered carefully and can be granted subject to compliance of such requirements. All such recyclers or re-refiners are required to use only environmentally sound technology while recycling or re refining non-ferrous metal wastes, used oil or waste oil. Such is the importance of certificate of registration required to be obtained under Rule 19 of the said Rules as amended with effect from 23.5.2003.

14. In our considered opinion, neither the No Objection Certificate nor the consent to operate and even the authorizations all granted by the State Pollution Control Board, Assam would enable the petitioner's industry to undertake any activity of recycling or re-refining without obtaining a proper certificate of registration under Rule 19 of the said Rules from the Central Pollution Control Board. The very commencement of the manufacturing process and operation of recycling and re-refining is illegal. The court in exercise of its jurisdiction under Article 226 of the Constitution of India cannot issue any order or direction, which enables the petitioner to carry on its operation irrespective as to whether the impugned order passed by the Pollution Control Board, Assam is a valid one or not.

15. Be it noted that the Pollution Control Board, Assam, granted authorization under Rule 5 subject to various terms and conditions, which, inter alia, required the petitioner's unit "to register themselves as recyclers or re-refiners with the Government of India, Ministry of Environment and Forests or Central Pollution Control Board...." The authorization granted for handling hazardous wastes is a conditional one and that itself would not enable the petitioner to undertake any recycling or re-refining activity unless all the terms and conditions thereof are complied with.

16. We are not impressed by the submission made by Mr. M. Bhuyan, learned Counsel appearing for the petitioner contending that the impugned order is liable to be set aside on the ground that the same has been passed in contravention of Rule 6 of the said Rules. The submission was that the Pollution Control Board, Assam before cancellation of the authorization ought to have provided an opportunity to show cause and only thereafter the authorization could have been cancelled after recording the reasons therefor. It is true Rule 6 of the said Rules provides that before cancellation of the authorization issued under the Rules the Board is required to give authorized person an opportunity to show cause and pass orders only thereafter and that too after recording the reasons therefor. The case in hand is not one wherein order of cancellation of the authorization has been passed, but direction has been issued to close down the petitioner's unit on the basis of the intimation given by the Central Pollution Control Board, Delhi that the petitioner's industry did not get itself registered with the Central Pollution Control Board as is required in law. Even otherwise, the order passed without show cause did not cause any prejudice whatsoever to the petitioner inasmuch as even according to the petitioner its application for registration as is required under Rule 19 continues to be under consideration of the Central Pollution Control Board. The petitioner's industrial unit cannot be treated as a registered recyclers or re-refiners and, therefore, cannot be permitted to undertake any activity of reprocessing wastes.

17. For all the aforesaid reasons, we do not find any illegality to have been committed by the Pollution Control Board, Assam, in directing the petitioner to close down its industrial unit. The petitioner in law is not entitled to carry on any activity of recycling or re-refining in the absence of a proper certificate of registration.

18. The applications filed by the petitioner, if any, pending with the Pollution Control Board, Assam, and as well as Central Pollution Control Board, Delhi, are required to be disposed of in accordance with law within a period of three months from the date of receipt of copy of this order.

19. With the limited observations as above, the writ petition shall stand dismissed with costs quantified at Rs. 10,000 (Rupees ten thousand) only. Interim order passed by this Court on 10.6.2005 shall stand vacated. In this view of the matter, no further directions are required to be issued in WP(C) (Taken up) No. 4114/06.

20. The Pollution Control Board, Assam is directed to forthwith take steps to close the petitioner's industrial unit.