Redevelopment and Structural Repairs

Can the society change the redevelopment plan unilaterally once work has started?

No, the society cannot unilaterally change the redevelopment plan once the work has started.

No, the society cannot unilaterally change the redevelopment plan once the work has started.

Written By: GatePal Analyst

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Short Answer

No, the society cannot unilaterally change the redevelopment plan once the work has started.

Detailed Explanation

Rule 124 of the Gujarat Cooperative Societies Rules, 1965 states that any changes or modifications to the redevelopment plan must be approved by a special resolution passed by at least two-thirds of the members present at a general meeting. This rule ensures that any significant alterations to the plan are made with the consent of the majority of the society members, thereby safeguarding their interests.

In practice, this means that the society cannot make unilateral changes to the redevelopment plan without the explicit approval of the members. Any proposed modifications must be discussed and voted upon in a general meeting, and only if a two-thirds majority agrees, can the changes be implemented.

Real-world Scenarios

  • Scenario 1: A society initiates a redevelopment project, but midway through, the managing committee decides to alter the layout without consulting the members. In this case, if the changes are substantial, they would be deemed invalid without the requisite approval as per Rule 124.

  • Scenario 2: During the redevelopment work, unforeseen circumstances arise, necessitating modifications to the plan. The society calls for a general meeting, presents the proposed changes, and obtains the required two-thirds majority to proceed with the alterations.

Step-by-step process:

  • Any proposed changes to the redevelopment plan must be discussed in a general meeting.

  • A special resolution must be passed with at least two-thirds of the members present agreeing to the modifications.

  • Once approved, the changes can be implemented as per the revised plan.

Reference

  • Rule 124 of the Gujarat Cooperative Societies Rules, 1965

  • Official PDF: https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Rules1965.pdf

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