R. SUBHASH REDDY, J.

1. The original petitioners in Special Civil Application No.12235 of 2017 have filed this Letters Patent Appeal under clause 15 of the Letters Patent aggrieved by the order dated 21.09.2017 passed by the learned Single Judge. Learned Single Judge dismissed the petition filed by the appellants – original petitioners.

2. Above petition was filed with the prayers which read as under :

“24 A. This petition may be admitted and allowed.

B. Your Lordships may be pleased to issue appropriate, order and direction to quash and set aside the orders dated 26-05-2017 passed by the respondent no.1 passed in Revision Application No.MVV/BKHP/KHEDA/01/2017.

B.1 Your Lordships may be pleased to direct the respondent no.2 to take appropriate steps for removing the illegal construction made by the respondent no.4 and 5 in the disputed unit.

C. Pending hearing and final disposal of this petition, implementation and execution of the order Dt. 26052017 passed by the respondent no.1 passed in Revision Application No.MVV/BKHP/KHEDA/01/2017 may be stayed.

D. Any other relief that may be deemed just and proper may also be kindly granted.”

3. Appellant No.1 is Panchayat. Other appellants are residents of Uttarsanda village. Appellant No.3 is son of petitioner No.1 in Writ Petition (PIL) No.182 of 2014. Respondent Nos.4 and 5 have established a Biomedical Waste Processing Unit at Uttarsanda. For the aforesaid purpose, they sought N.A. Permission from the competent authority and when the same was refused, they approached Revisional Authority. The Revisional Authority has allowed the revision filed by the private respondents herein by directing the competent authority to grant such permission.

4. The private respondents have already established now Bio – Medical Waste Processing Unit. The Gujarat Pollution Control Board, by order dated 02.09.2015 has granted necessary consent and authorization to operate the Biomedical Waste Processing Unit in exercise of powers conferred under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974, Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and granted authorization under Rules 3(C) and 5(5) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 framed under the Environmental Protection Act, 1986.

5. At the first instance, mainly it was pleaded that if N.A. Permission is granted for the land in question, which is in close proximity with the residential building, same would cause pollution, a Public Interest Litigation was filed in which petitioner No.4 herein was also one of the petitioners in the said PIL. On similar grounds, when the petition was filed by way of PIL being Writ Petition (PIL) No.182 of 2014, same came to be disposed of by observing that the Unit shall be made functional only after all the parameters are satisfied. Division Bench of this Court further observed in order dated 05.02.2015 that operation of a CBWTF is needed within the Kheda District looking to its proximity with the Health Care Units. In the said petition, private respondents have undertaken to abide by all the terms and conditions which are prescribed in the consent order passed by the Gujarat Pollution Control Board. In spite of such order which has become final, this petition is filed raising similar grounds which revolve around the allegation of pollution.

6. The learned Single Judge has considered in detail all the earlier orders passed by this Court in PIL at various stages and in the impugned order dated 21.09.2017, it is recorded that to some extent case of the private respondents is correct that the petition is lacking in bona fides and there is some external force working behind the petition. Paragraph No.52 to 56 of the order passed by the learned Single Judge reads as under :

“52 The learned counsel appearing for the G.P.C.B. has assured this Court that there will be a continuous inspection and monitoring of the unit, and at any point of t