AIR 2007 (NOC) 1373 (BOM.) = 2007 (3) AIR BOM R 59 (DB) ::2007 (3) AIR Bom R 59

Bombay High Court

Hon'ble Judge(s): B. H. Marlapalle, J. H. Bhatia , JJ

(A) Maharashtra Co-operative Societies Act (24 of 1961) S. 79 A— Co-operative housing societies — ‘Non occupancy charges’ — Fixation — Government order dt 1-8-2001 issued u/S 79A directing co-operative housing societies not to charge ‘non occupancy charges’ beyond 10% of service charges excluding municipal taxes — Neither arbitrary nor unfair or unjust — Co-operative housing societies were using power under bye laws to hike non-occupancy charges at their whims and fancies — Members not occupying flats were made to pay exorbitantly high non occupancy charges — Order of Government was thus necessary to prevent exploitation of such minority members {" The Government Order dated 1-8-2001 was issued in public interest u/S. 79A of the Maharashtra Co-operative Societies Act, 1960 thereby directing the co-operative housing societies registered under the Act not to charge non occupancy charges beyond 10% of the service charge (excluding municipal taxes) the same is issued to secure the proper management of the business of the co-operative housing societies in general and for preventing the affairs of such societies being conducted in a manner detrimental to the interests of the members of such societies. The order does not suffer from the vice of arbitrariness and it cannot be termed as an unfair or unjust act by the State Government so as to deprive the societies from their legal, just and proper levies. It is a bona fide exerc....