Short Answer

Neighbours or other housing societies are not directly involved in approvals for redevelopment under the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 governs the redevelopment of cooperative housing societies. This section empowers the society's general body to decide on redevelopment matters, including obtaining necessary approvals. The Act does not mandate involvement or approval from neighbouring societies or individual neighbours for redevelopment projects. The decision-making authority lies with the society's members.

Furthermore, Rule 86 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for obtaining approvals for redevelopment. It specifies that the society must follow the prescribed process, which typically involves obtaining permissions from relevant authorities such as the local municipal corporation or town planning department. Neighbours or other housing societies are not part of this official approval process.

In practice, the society's managing committee or board of directors initiates the redevelopment process by conducting feasibility studies, appointing architects and contractors, and presenting redevelopment proposals to the general body for approval. Once the necessary approvals are obtained from the competent authorities, the redevelopment project can proceed without requiring consent from neighbouring societies or individual neighbours.

Real-world Scenarios

• ABC Cooperative Housing Society decides to redevelop its old building. The society's general body approves the redevelopment plan after considering all relevant factors. The society obtains approvals from the municipal corporation and other regulatory bodies as per Rule 86 of the Gujarat Cooperative Societies Rules, 1965. Neighbours or other housing societies are not involved in this approval process.

• XYZ Cooperative Housing Society plans to add additional floors to its existing structure. The society follows the procedures outlined in Section 63 of the Gujarat Cooperative Societies Act, 1961, and obtains necessary approvals from the appropriate authorities. Neighbouring societies do not have a legal right to intervene or approve the redevelopment plans.

• LMN Cooperative Housing Society faces opposition from a neighbouring society regarding its redevelopment plans. However, as per the Gujarat Cooperative Societies Act, 1961, and Rules, the decision-making authority rests solely with LMN Society's members, and they are not obligated to seek approval from external entities.

References

• Gujarat Cooperative Societies Act, 1961: Section 63

• Gujarat Cooperative Societies Rules, 1965: Rule 86