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(3) The above-captioned appeals have been filed by the appellant- "U.P Avas Evam Vikas Parishad" under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as "RERA Act, 2016"), wherein by virtue of the impugned order, the learned U.P. Real Estate Appellate Tribunal, Lucknow (hereinafter referred to as the 'Tribunal') has dismissed appeals filed by the appellant and it has been directed that the amount deposited in terms of Section 43 (5) of the RERA Act, 2016 by the appellant to be transferred to the concerned account of the Regulatory Authority for disposal as per the provisions of the Act.

(26) Having traced the scope and power of interference by this Court under Section 58 of the RERA Act, 2016 to an order passed by the Appellate Tribunal, this Court finds it profitable to quote the various question of law as mentioned by the appellant in the memo of appeal, so as to examine its relevance keeping in view the limited scope of provisions of Section 58 of the RERA Act, 2016. The question of law framed by the appellant are thus :-

" (a) Whether the order and judgment impugned suffers from illegality on account of improper consideration of material and law as well as exercising the jurisdiction not vested in it?

(50) This Court finds that the Appellate Tribunal has returned the aforesaid finding, after examining the expression and meaning of "ongoing project" as is to be found in Rule 2(h) of U.P Real Estate ( Regulation & Development) Rules, 2016, Completion certificate as is defined in section 2(q) of the RERA Act, 2016, section 4(5) of the U.P Apartment (promotion of construction, Ownership and Maintenance) Act, 2010 relating to the requirement of "Completion Certificate" and "Occupancy certificate" as defined in section 2(zf) of the RERA Act, 2016.

(121) The present Appeal has been filed under section 58 of the RERA, 2016. However, section 58(2) of the said Act, inter-alia states:

"58 (2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties."

(122) The learned Counsel for the appellant was requested to refer section 58(2) of the RERA Act, 2016, which bars any appeal against any decision or order made by the Appellate Tribunal with the consent of the parties. The learned Counsel was asked to address his arguments on the said point.