A recent article on the subject of non-occupancy charge on flat in co-operative housing societies in Maharashtra states as follows:
quote
Thus, the issue of the quantum of the non-occupancy charges has been finally settled by the Hon’ble Bombay High Court by its Judgment dated the 2nd March 2007 by unholding the Government Order dated 1st August 2001, 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.
unquote
The Bye-law of a Society states:"Non-occupancy charges shall be charged in accordance with the circular issued by the Government of Maharashtra/Commissioner for Co-operation from time to time........"
Is the Government Order dated 1st August, 2001, the final word on the subject for the concerned Society, or is the Order stayed in appeal to a Division Bench/Supreme Court?