Short Answer

Illegal structures like extensions are typically required to be removed during the redevelopment process.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to order the removal of any unauthorized construction or alteration made in contravention of the Act or Rules. This means that if there are illegal structures such as unauthorized extensions on the property undergoing redevelopment, the Registrar can direct their removal to ensure compliance with the law.

Rule 94 of the Gujarat Cooperative Societies Rules, 1965 provides the procedure for dealing with unauthorized constructions. It mandates the society to take action against such illegal structures and ensure their removal to maintain the integrity of the redevelopment project. Failure to comply with the removal order can result in penalties or legal consequences for the society and its members.

In practice, when a cooperative society initiates a redevelopment project, a structural survey is conducted to identify any unauthorized constructions. If illegal structures like extensions are found, the society must take necessary steps to demolish them in accordance with the Registrar's directives. This ensures that the redevelopment is carried out in compliance with the law and approved plans.

Real-world Scenarios

• Scenario 1: A cooperative housing society decides to redevelop its old building. During the structural survey, it is discovered that several members have made unauthorized extensions to their flats. The society informs the members about the need to remove these illegal structures to proceed with the redevelopment as per the law.

• Scenario 2: A commercial cooperative society plans to renovate its premises for better utilization. Upon inspection, it is revealed that some shops have encroached on common areas without permission. The society issues notices to the shop owners to dismantle the unauthorized extensions to avoid legal repercussions.

Reference

• Section 63 of the Gujarat Cooperative Societies Act, 1961

• Rule 94 of the Gujarat Cooperative Societies Rules, 1965