Redevelopment and Structural Repairs

If an engineer recommends major repairs, can society skip redevelopment and just repair?

No, a society cannot skip redevelopment and solely opt for repairs if an engineer recommends major repairs.

No, a society cannot skip redevelopment and solely opt for repairs if an engineer recommends major repairs.

Written By: GatePal Analyst

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Short Answer

No, a society cannot skip redevelopment and solely opt for repairs if an engineer recommends major repairs.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the society to undertake redevelopment of the building. This section allows the society to reconstruct or redevelop the building if it is necessary for the safety or convenience of the members. In practice, if an engineer recommends major repairs that are extensive and would significantly impact the structural integrity of the building, it may be more feasible and cost-effective for the society to opt for redevelopment instead of just repairs.

On the other hand, Rule 84 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines for the procedure to be followed for reconstruction or redevelopment of the building. This rule lays down the steps that the society needs to take, including obtaining approval from the general body meeting, obtaining necessary permissions, and adhering to the prescribed timelines. Therefore, if major repairs are recommended by an engineer, the society must follow the procedure outlined in Rule 84 if they decide to opt for redevelopment instead of repairs.

In real-world scenarios, if an engineer identifies structural issues that require major repairs, the society should assess the feasibility and cost implications of repairs versus redevelopment. For example, if the cost of repairs is close to or exceeds the cost of redevelopment, it may be more prudent for the society to opt for redevelopment to ensure the long-term safety and stability of the building.

Practical Examples

  • If an engineer's report highlights extensive structural damage that necessitates major repairs, the society convenes a meeting to discuss the options of repairs versus redevelopment. After considering the engineer's recommendations and cost estimates, the society decides to opt for redevelopment to address the underlying issues comprehensively.

  • In another scenario, the society receives multiple quotes for the repair work recommended by the engineer, and the costs are prohibitively high. After careful deliberation, the society decides to proceed with redevelopment to avoid recurring repair expenses and ensure the building's longevity.

References

  • Section 63 of the Gujarat Cooperative Societies Act, 1961

  • Rule 84 of the Gujarat Cooperative Societies Rules, 1965

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