Short Answer

Yes, if a building is declared unsafe or "ruinous" by authorities, the consent requirement for redevelopment may be lowered.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to order the reconstruction or repair of a building if it is deemed unsafe or ruinous. In such cases, the consent requirement for redevelopment may be relaxed to expedite the process of making the building safe for occupation. This provision ensures that necessary repairs or redevelopment can be carried out promptly to protect the residents and the public from potential hazards.

Furthermore, Rule 94 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the procedure to be followed in case of reconstruction or repair of buildings. It specifies that the society must obtain the necessary approvals and consents from the authorities before commencing any redevelopment work. However, in the case of buildings declared unsafe or ruinous, the authorities may relax the consent requirements to facilitate the reconstruction process.

Practical Examples

• Scenario 1: A cooperative housing society's building is declared unsafe by the municipal authorities due to structural issues. In this case, the Registrar may lower the consent requirement for redevelopment to allow the society to undertake necessary repairs promptly.

• Scenario 2: A residential building is deemed ruinous by the building inspector, necessitating immediate reconstruction. The society can seek relaxation in the consent requirement to expedite the redevelopment process and ensure the safety of residents.

• Scenario 3: A commercial complex is found to be structurally unsound, posing a risk to occupants. The authorities may waive certain consent requirements to fast-track the redevelopment process and prevent any potential accidents.

References

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

• Rule 94 of the Gujarat Cooperative Societies Rules, 1965: Official PDF