JUDGMENT

Anil Kshetarpal, J. - In the opinion of this Court, the following question needs adjudication:-

'Whether the owner of a parcel of land who, with a view to construct multi storeyed apartments, engages a contractor to construct, market and sell such apartments, would fall in the definition the expression 'Promoter' defined under Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the 2016 Act')?

2. The Real Estate Appellate Tribunal (hereinafter referred to as 'the Tribunal') has dismissed the appeal which challenged the dismissal of appellant's application for grant of waiver from the statutory condition of pre-deposit of the amount as mandated under Section 43(5) of the 2016 Act.

3. It is important to note that the appellant, while filing the application under Section 43(5) of the 2016 Act, claimed that they are not required to comply with the condition of pre-deposit as it has entered into a compromise with the respondents and the amount due has already been paid. However, neither the aforesaid agreement nor any material evidence has been produced before the Tribunal or before this Court to prove the fact of payment having been