A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said it will pass orders on the plea challenging the provision under the Delhi Cooperative Societies Rules after it had heard arguments of both sides on the issue.
The petition filed by Balraj Singh Malik, a lawyer, has claimed there is disparity in the amounts to be paid by members whose flats are on rent and those which are self-occupied with respect to expenses incurred towards maintenance, repairs, etc for common areas and facilities in a society.
He has also challenged the decision of the cooperative society he is living in as in its annual general body meeting (AGM) in October this year, it had decided to increase the maintenance charges for flats occupied by tenants by Rs 300 per month till March, 2015 and thereafter Rs 500 per month.
"Thus, the members who are self occupying the flats have to pay monthly maintenance charges of Rs 2,624 and the members whose flats are occupied by the tenants are required to pay Rs 2,924 per month till March 2015 and thereafter, Rs 3,124 per month," the petition has said.
"The said decision is thus liable to be quashed by holding that the two categories of occupants form one uniform class and thus cannot be subjected to discriminatory treatment," the petition has also said.