JUDGMENT :

Shamim Ahmed, J.

1. Heard Shri Sanjeev Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1, 3 and 4 and Shri Wasim Masood Khan holding brief of Shri Anil Tiwari, learned counsel appearing for the respondent No.2.

2. The present writ petition has been filed by the petitioner with the following prayer;

"(i) To issue a writ, order or direction in the nature of certiorari for quashing the order dated 13.06.2018 and 29.06.2018 passed by U.P. Real Estate Regulatory Authority, Lucknow and citation dated 22.08.2019 issued by Tehsildar, Dadri, District Gautam Budhh Nagar.

(ii) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;

(iii) Award the cost of the writ petition to the petitioner."

3. Learned counsel for the petitioner submits that the petitioner is a private limited company under the Companies Act, 1956 and petitioner is dealing in Real- Estate, which provides facility of constructed Flats to public at large and has been developing Group Housing Project under the name and style of "MGI Maple" in Govindpuram, Gautam Budh Nagar. The company obtained 'No Objection Certificate' from the concerned authorities including the Development Autuority of Gautam Budh Nagar.

4. Learned counsel for the petitioner further submits that the respondent no.5 purchased a Flat in the petitioner's project but due to unavoidable circumstances, the petitioner could not deliver the possession of the Flat. However, without waiting for sometime, the respondent no.5 filed a complaint before the Real Estate Regulatory Authority, Gautam Budh Nagar, which was registered as Complaint No.1120172878 by which respondent No.5 demanded his amount with 24% annual interest on the ground that project of the petitioner is now cancelled. The U.P. Real Estate Regulatory Authority, Gautam Budh Nagar has passed the impugned orders dated 13.06.2018 and modified order dated 29.06.2018, by which a direction was issued to the petitioner to repay all the amount deposited by the respondent no.5 with MCLR+1 percent interest from the date of deposit till the date of payment of the amount, copy of the order dated 13.06.2018 and 29.06.2018 passed by the U.P. Real Estate Regulatory Authority, Gautam Budh Nagar is filed as Annexure No.3 to the writ petition.

5. Learned counsel for the petitioner further submits that in the first prayer the date of impugned order is wrongly transcribed as 29.06.2012 in place of 29.06.2018. He prays and allowed to correct the date of impugned order dated 29.06.2018.

6. Learned counsel for the petitioner further argued that the orders dated 13.06.2018 and 29.6.2018 passed by the U.P. Real Estate Regulatory Authority, Gautam Budh Nagar is without jurisdiction and the same is liable to be quashed on the ground that the order was not passed by the Competent Authority and the same is passed by one member which is against the provision of Section 21 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the 'Act, 2016"), which provides the composition of authority and as per section 21, the authority shall consist of a Chairperson and not less than two whole-time members to be appointed by the appropriate Government and therefore, the impugned order dated 13.06.2018 and 29.06.2018 were not passed as per Section 21 of the Act, 2016 and further he submits that the order is ex parte order.

7. Learned counsel for the petitioner further argued that the impugned order is arbitrary, illegal and not sustainable in the eyes of law and U.P. Real Estate Regulatory Authority, Gautam Budh Nagar has committed gross illegality while passing the impugned orders.

8. Learned counsel for the petitioner further argued that in pursuance of the order dated 13.06.2018 and 29.06.2018 passed by the U.P. Real Estate Regulatory A