Special Issues

Part 4

Q.1   Who is responsible for evicting a licensee?

 Ans. If a member sub-lets his flat, it is the responsibility of the concerned member or legal heirs of the member concerned to evict the licensee by due process of law. The society has nothing to do in the matter.

evidences are require for giving a flat on Leave & License?

Ans. Leave & License agreement has to be prepared and proper stamp duty has to be paid and the same should be registered. A police verification from of tenant along with his photo should be submitted to the police station. The tenant should be made a nominal member of the society.

Q.6   Unauthorized user of the flat

A dispute was filed by the society for society for recovery of the flat for allowing Respondent No.2 to occupy the flat without obtaining prior permission of society. Respondent No.1 is the member and Respondent No.2 is his close relative being husband of the sister. Wife of Respondent No.2 was nominee of the Respondent No.1. The issue is whether bye-law No.12 (1) (g) r/w bye-law No.12 (1) (a) would permit the member of the family and in particular who is nominee of the member to occupy the suit flat without obtaining prior permission of the society.   

Respondent No.1 is the member and Respondent No.2 is his close relative being husband of his sister. Wife of Respondent No.2 was nominee of the Respondent No.1 Nomination by the member does not create any right in favour of the nominee, but the right is limited and which fructifies only after the death of the original member. Occupation of flat by Respondent No.2 and his family members was unauthorized use of the flat. The Petition was allowed. [Om Jai Shri Gurukrupa Co-operative Housing Society Ltd. v. Vasudha Dhavale. 2004 (4) Mh.L.J.916]

Q.7   Non Agricultural Tax

(1)  Introduction

Non Agricultural Tax is the charge payable to government for using the land for non-agricultural purpose. Non Agricultural Tax is payable every year as per the Non Agricultural Tax order issued by the collector.     

(2) Reasons for Arrears of Non Agricultural Tax

It is the normal practice of the Builders/Developers not to pay the Non Agricultural Tax for years together despite notices from the Tahsildar. The Builder/Developer also does not show any interest in payment of the tax since the land and the building constructed thereon are not conveyed in favor of the Builder/Developer. The Tahsildar continues to send notices to the original landlord, the Builder/Developer who does not take cognizance of the same. The result is that arrears of Non Agricultural Tax continue to increase.

(3)  Notice for Payment of Non Agricultural Tax

After a while the Society registrar Tahsildar suddenly wakes up to recover Non Agricultural Tax and dashes off a notice to the Society in the name of the Original landlord asking him to pay the unpaid Non Agricultural Tax. The total amount thus payable to the Revenue Department amounts to several thousands of rupees which the Tahsildar wants the Society to pay within 24 hours, which is by all means an impossibility. Since the landlord is in no way concerned with the land, the notice in question is pasted on the society’s building standing on that piece of land. Thus notice is not of an ordinary nature. It is a threatening one, and it contains demand for payment of the Non Agricultural Tax by coercive method. The office bearers of the Society are not aware of such tax, until the notice is pasted on the society’s building. It is beyond the capacity of the office bearers or the members to raise such a huge amount within a short period.

(4)    Collection/Payment of Non Agricultural Tax

The Collector of the District is responsible for recovery of land revenue, including non-agricultural tax and penalties levied under the Maharashtra land Revenue Code. Now the question arises, from whom can the Collector recover the non-agricultural tax and the penalties levied under the Maharashtra Land Revenue Codes. This is discussed hereunder:

For conversion of a land, which is assessed for the purpose of agriculture, into non-agricultural purpose without the prior permission of the Collector is necessary under Section 44 of the Maharashtra Land Revenue Code.