JUDGMENT :

Ravi Shankar Jha, J.

1. With the consent of learned counsel for the parties, the matter is being taken up and heard via video conferencing.

2. This petition has been filed by the petitioner, assailing the constitutional validity of the proviso to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act of 2016') which stipulates and lays 'down that any appeal filed by a promoter before the appellate authority against the order of the authority or adjudicating officer, shall not be entertained without the promoter first having deposited at least 30% of the penalty or such higher percentage as may be determined by the appellate authority, or the total amount to be paid to the allottee, including interest and compensation imposed on him, if any, or with both, as the case may be.

3. Brief facts leading to the filing of the present petition are that the petitioner, which is a company incorporated under the provisions of the Companies Act, 1956 and is involved in developing a group housing complex, had entered into an agreement with the private respondent on 04.10.2013 in respect of a flat admeasuring 1450 sq. feet for a total co