ORDER 1. HEARD THE COUNSEL FOR THE PARTIES., 2. PURSUANT TO THE DIRECTIONS OF THIS C{MRT DATED 4-2-20021 AND THE AFFIDAVITS FILED ON BEHALF OF THE MINISTRY OF ENVIRONMENT AND FORESTS, GOVERNMENT OF INDIA, IN PARTICULAR, THE AFFIDAVITS OF MR P.V. JAYAKRISHNAN DATED 22-2-2002 (P. 2291), 6-3-2002 (P. 2381) AND MR M. SUBBA RAO DATED 19-3-2002 (P.2385), PRIMA FACIE IT SEEMS THAT 15 IMPORTERS, WHOSE NAMES AND ADDRESSES ARE GIVEN AT P.,2386, .ILLEGALLY IMPORTED WASTE OIL IN 133 CONTAINERS IN THE GARB OF LUBRICATING OIL. HPC IN ITS REPORT (PP. 170-71) HAD NOTICED THE PRESENCE OF THE CONSIGNMENT OF THIS WASTE OIL ON DIRECTION OF THIS COURT, THE LABORATORY TESTS UNDERTAKEN HAVE SHOWN THE SAME AS HAZARDOUS WASTE OIL. BY ORDER DATED 5-5-19972, THIS COURT DIRECTED THAT NO IMPORT WOULD BE MADE OR PERMITTED BY ANY AUTHORITY OR ANY PERSON OF ANY HAZARDOUS WASTE WHICH IS ALREADY BANNED UNDER THE BASEL CONVENTION OR TO BE BANNED HEREAFTER WITH EFFECT FROM THE DATE SPECIFIED THEREIN. THE MINISTRY OF ENVIRONMENT AND FORESTS IS SAID TO HAVE SPENT A SUM OF RS 6.35 LAKHS ON ANALYSIS OF WASTE OIL. THERE DOES NOT APPEAR TO BE ANYTHING ON RECORD SHOWING THAT ANY ACTION OF SUBSTANCE HAS BEEN TAKEN AGAINST THE IMPORTERS AND OTHERS IN PERMITTING THE IMPORT IN VIOLATION OF THE ORDER OF THIS COURT. FURTHER, IT DOES NOT APPEAR THAT MOEF HAS TAKEN ANY STEPS TO RECOVER THE AMOUNTS SPENT ON ANALYSIS. IT SEEMS THAT THE SAID CONTAINERS ARE LYING AT NHAVA SHEVA PORT. PRESENTLY ONE OF THE QUESTIONS THAT REQUIRES CONSIDERATION; IS OF RE-EXPORT OR DESTRUCTION OF THE SAID SUBSTANCE AND OTHER ACTION(S) TO BE TAKEN AS A RESULT OF THE ILLEGAL IMPORT. BEFORE WE PASS ORDERS DEEM IT APPROPRIATE TO ISSUE NOTICE TO THE 15 IMPORTERS AS ALSO TO THE COMMISSIONER OF CUSTOMS CONCERNED. THE COMMISSIONER OF CUSTOMS SHALL FILE AN AFFIDAVIT STATING AS TO WHAT STEPS HAVE BEEN TAKEN UP TO DATE IN RESPECT OF THE AFORESAID 133 CONTAINERS. THE IMPORTERS ARE DIRECTED TO SHOW CAUSE WHY THE CONSIGNMENT IN QUESTION SHALL NOT BE ORDERED TO BE RE-EXPORTED OR DESTROYED AT THEIR COST AND WHY THE AMOUNT SPENT ON ANALYSIS IN THE LABORATORY BE NOT RECOVERED FROM THEM AND WHY THEY SHOULD .NOT BE DIRECTED TO MAKE PAYMENT OF COMPENSATION ON POLLUTER-PAYS PRINCIPLE AND OTHER ACTION TAKEN AGAINST THEM. THE IMPORTERS ARE DIRECTED TO SHOW CAUSE WHY THE CONSIGNMENT IN QUESTION SHALL NOT BE ORDERED TO BE RE-EXPORTED OR DESTROYED AT THEIR COST AND WHY THE AMOUNT SPENT ON ANALYSIS IN THE LABORATORY BE NOT RECOVERED FROM THEM AND WHY THEY SHOULD .NOT BE DIRECTED TO MAKE PAYMENT OF COMPENSATION ON POLLUTER-PAYS PRINCIPLE AND OTHER ACTION TAKEN AGAINST THEM. WE DIRECT .THE MINISTRY OF ENVIRONMENT AND FORESTS TO SERVE THE 15 IMPORTERS AS ALSO THE COMMISSIONER OF CUSTOMS CONCERNED. THE MINISTRY WOULD BE EMPOWERED TO HAVE ASSISTANCE FROM THE POLICE/DISTRICT MAGISTRATE/METROPOLITAN MAGISTRATE FOR EFFECTING SERVICE OF NOTICE ON. THE IMPORTERS. WE DIRECT THESE AUTHORITIES TO RENDER ALL POSSIBLE ASSISTANCE IN THIS REGARD. DASTI NOTICES TO BE GIVEN; POST ON 7-10-2003 AS FIRST ITEM. COURT MASTERS