MODERN LUBE INDUSTRIES Vs. CENTRAL POLLUTION CONTROL BOARD

JUDGEMENT

(1.) THE petitioner in writ petition i. e. , WP (C) No. 4068/05, invokes the extra ordinary 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.