Short Answer

Yes, under the Gujarat Cooperative Societies Act, 1961, and Rules, 1965, it is possible to redevelop only a portion of a building if that part is significantly damaged.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the society to undertake repairs, reconstruction, or redevelopment of the building. This section allows for the reconstruction of a part of the building if it is damaged beyond repair or poses a safety hazard. The society needs to pass a resolution in a general meeting to authorize such redevelopment.

Rule 85 of the Gujarat Cooperative Societies Rules, 1965 provides detailed guidelines on the procedure for reconstruction or redevelopment. It mandates obtaining approval from the Registrar of Cooperative Societies before commencing the redevelopment work. The society must also follow the bye-laws and regulations set forth for such reconstruction activities.

In practice, the society would need to conduct a structural assessment to determine the extent of the damage to the particular portion of the building. If it is deemed necessary to redevelop only that part, the society should follow the legal procedures outlined in the Act and Rules. This may involve appointing a qualified architect or engineer to prepare the redevelopment plan and seeking necessary approvals.

Real-world Scenarios

• Scenario 1: A cooperative housing society in Gujarat discovers that a section of the building has developed severe structural issues due to water leakage. The society decides to redevelop only that portion to ensure the safety of residents.

• Scenario 2: In another case, a part of a society's building is damaged in a fire accident. The society initiates the redevelopment process for that specific area while ensuring compliance with the legal requirements.

Step-by-step process:

• Identify the damaged portion of the building.

• Conduct a structural assessment.

• Pass a resolution in a general meeting authorizing the redevelopment.

• Prepare a redevelopment plan with the help of a qualified professional.

• Obtain approval from the Registrar of Cooperative Societies.

• Commence the redevelopment work following the prescribed guidelines.

References

• Section 63 of the Gujarat Cooperative Societies Act, 1961

• Rule 85 of the Gujarat Cooperative Societies Rules, 1965