Short Answer

No, society members cannot use Government land acquisition rules if redevelopment is stalled by the builder.

Detailed Explanation

Rule 122 of the Gujarat Cooperative Societies Rules, 1965 states that the society has the power to redevelop its property, subject to the provisions of the Act and Rules. This means that the society itself, through its managing committee, is responsible for initiating and overseeing the redevelopment process. If the builder fails to fulfill their obligations or the redevelopment is stalled due to any reason, the society can take legal action against the builder for breach of contract or seek remedies through civil courts.

Furthermore, Section 95 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to intervene in case of disputes or irregularities in the functioning of cooperative societies. If the redevelopment is stalled due to builder's non-compliance or any other issues, the society members can approach the Registrar for assistance and guidance in resolving the matter. The Registrar may conduct an inquiry, issue directions, or take necessary steps to ensure the redevelopment process is completed in accordance with the law.

In practice, if the redevelopment is stalled by the builder, society members should first try to resolve the issue amicably through discussions and negotiations. If the builder remains uncooperative, the society can seek legal recourse by approaching the civil court or the Registrar for intervention. It is important for society members to document all communications, agreements, and actions taken during the redevelopment process to support their case in case of any legal proceedings.

Practical Examples

• Scenario 1: A cooperative housing society enters into a redevelopment agreement with a builder, but the builder fails to commence the construction work within the agreed timeline. Society members can file a complaint with the Registrar under Section 95 of the Act for intervention and resolution.

• Scenario 2: During the redevelopment process, the builder uses substandard materials leading to structural issues in the new construction. Society members can take legal action against the builder for breach of contract under Rule 122 of the Rules.

References

• Rule 122 of the Gujarat Cooperative Societies Rules, 1965

• Section 95 of the Gujarat Cooperative Societies Act, 1961