IN GUJARAT, THERE IS NO LEGISLATIVE POLICY ENABLING THE GOVT. OR REGISTRAR TO OVERRIDE THE BYE-LAWS OF THE SOCIETIES DULY APPROVED BY THE REGISTRAR ENABLING THE GENERAL BODY TO FIX THE NON-OCCUPANCY CHARGES PAYABLE BY THE MEMBERS AS THEY LIKE REGARDLESS OF WHTHER THE SAME ARE COERCIVE, EXORBITANT AND OTHERWISE UNJUSTIFIED ON THE PRICIPLES OF EQUITY OR ABUSE OF THE POWER ACTING AS DICTATOR AND ENCROCHMENT OVER FUNDAMENTAL RIGHTS TO OWN/LEASE PROPERTY.
THE ISSUE OF THE QUANTUM OF THE NON-OCCUPANCY CHARGES IN THE STATE OF MAHARASHTRA HAS BEEN FINALLY SETTLED BY THE HON’BLE BOMBAY HIGH COURT BY ITS JUDGMENT DATED THE 2ND MARCH BY UPHOLDING THE GOVERNMENT ORDER DATED 1ST AUGUST PRESCRIBING THE NON-OCCUPANCY CHARGES NOT MORE THAN 10% OF THE SERVICE CHARGES, EXCLUDING PROPERTY TAXES, BOTH IN RESPECT OF RESIDENTIAL AS WELL AS COMMERCIAL PREMISES, IRRESPECTIVE OF THE FACT WHETHER THE NEW BYE-LAWS ARE ADOPTED BY THE SOCIETIES OR NOT. THIS JUDGMENT HAS BROUGHT IN A GREAT RELIEF TO THE MEMBERS OF THE SOCIETIES, WHO GIVE THE FLATS ON RENT OR LEAVE AND LICENCE BASIS.
THE ABOVE ISSUE IS NOT YET SETTLED IN THE STATE OF GUJARAT AND HENCE WE REQUEST YOUR ESTEEMED OERGANISATION TO TAKE UP MATTER WITH THE CO-OPERATIVE DEPARTMENT OF GOVERNMENT OF GUJARAT AND OTHER APPROPRIATE AUTHORITIES IN THE PUBLIC INTEREST OF PEOPLE OF GUJARAT.
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