Short Answer

No, if a redevelopment plan is opposed by a minority in a cooperative society, they cannot stay in their old flats.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the cooperative society to undertake redevelopment of the property with the consent of the majority of its members. This means that if the majority of the members agree to the redevelopment plan, the minority members who oppose it cannot prevent the redevelopment from taking place. The Act does not provide for minority members to stay in their old flats if they are against the redevelopment plan.

Furthermore, Rule 71 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for obtaining consent for redevelopment. It specifies that a special resolution needs to be passed by the society with the consent of at least two-thirds of the members present and voting at a general meeting. Once this resolution is passed, the society can proceed with the redevelopment as per the plan approved by the majority.

In practice, if a minority of members oppose the redevelopment plan, they do not have the legal right to stay in their old flats. The cooperative society can proceed with the redevelopment as long as the necessary approvals and consents are obtained from the majority of the members as per the Act and Rules.

Real-world Scenarios

• In a cooperative society, 80% of the members agree to a redevelopment plan while 20% oppose it. In this case, the society can go ahead with the redevelopment, and the minority members who oppose it cannot stay in their old flats.

• If a minority group of members raises objections to the redevelopment plan citing personal reasons, the society is not obligated to accommodate their requests if the majority has approved the plan.

Reference

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

• Rule 71 of the Gujarat Cooperative Societies Rules, 1965: Official PDF