Short Answer

If part of the building, such as terrace rooms, has already been modified, it can impact the redevelopment process as per the Gujarat Cooperative Societies Act and Rules.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 deals with the powers of the society to make alterations in the building. This section allows the society to make changes or modifications to the building with the approval of the general body meeting. However, any modifications made without proper authorization may lead to legal implications during the redevelopment process. If terrace rooms or any other part of the building have been modified without following the prescribed procedures, it can complicate the redevelopment process.

Rule 86 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for obtaining permission for making alterations in the building. According to this rule, any structural modifications or repairs need to be approved by the society's general body meeting and the concerned authorities. If the terrace rooms or any other part of the building have been altered without adhering to these rules, it can create obstacles during the redevelopment phase.

In practice, if unauthorized modifications have been made to a building, especially in the case of terrace rooms, the society may face challenges in obtaining necessary approvals for redevelopment. The society may have to rectify the unauthorized alterations before proceeding with the redevelopment project to ensure compliance with the legal requirements.

Real-world Scenarios

• Scenario 1: A cooperative housing society decides to undertake redevelopment, but it is discovered that terrace rooms were constructed without proper approvals. The society must rectify the unauthorized construction before proceeding with the redevelopment project.

• Scenario 2: During the redevelopment process, the local authorities raise objections to the existing modifications in the building, leading to delays and legal complications for the society.

• Scenario 3: The society applies for redevelopment permissions but faces rejection due to unauthorized alterations like terrace rooms, necessitating legal remedies to resolve the issue.

References

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

• Rule 86 of the Gujarat Cooperative Societies Rules, 1965: Official PDF