Short Answer

Yes, even if the building is 30 years old and not declared dangerous, you can still opt for redevelopment under certain conditions.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 allows for the redevelopment of buildings by cooperative societies. This section empowers the society to undertake redevelopment projects for the benefit of its members. It provides a legal framework for the process of redevelopment, ensuring that it is carried out in a transparent and fair manner.

Rule 58 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for redevelopment. It outlines the steps to be followed by the society, including obtaining consent from the members, appointing a developer, and executing a redevelopment agreement. This rule ensures that the interests of all members are protected during the redevelopment process.

In practice, if your building is 30 years old but not declared dangerous, you can still opt for redevelopment by following the provisions of the Act and Rules. The society needs to hold meetings with the members to discuss the redevelopment proposal, obtain their consent, and select a developer through a transparent process. Once these steps are completed, the society can proceed with the redevelopment project.

Real-world Scenarios

• Scenario 1: A cooperative society in Gujarat has a 30-year-old building that requires structural repairs. The society decides to opt for redevelopment to improve the living conditions for its members. They follow the procedures outlined in Section 63 of the Act and Rule 58 of the Rules to initiate the redevelopment process.

• Scenario 2: Another society has a similar situation with an old building that is not declared dangerous. They conduct a general body meeting to discuss the redevelopment proposal, obtain consent from the majority of members, and appoint a developer to carry out the project in compliance with the legal requirements.

• Scenario 3: In a different case, a society faces resistance from some members regarding the redevelopment plan for their 30-year-old building. They resolve the issues through discussions, address concerns, and ensure that all members are on board before proceeding with the redevelopment project.

References

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 58 of the Gujarat Cooperative Societies Rules, 1965: Official PDF