Short Answer

Yes, owners can claim compensation if the building's foundation is compromised due to reasons such as nearby construction.

Detailed Explanation

Section 94 of the Gujarat Cooperative Societies Act, 1961 empowers the society to take action in case of damage to the building. If the building's foundation is compromised due to nearby construction activities, the society can file a claim for compensation on behalf of the owners. The society must notify the concerned authorities and the construction entity responsible for the damage. The society can also seek legal recourse if the compensation is not provided voluntarily.

Rule 127 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing a claim for compensation. The society must convene a general body meeting to discuss the issue and obtain the owners' consent to proceed with the claim. The society should document the damage with evidence such as photographs, reports from structural engineers, and other relevant documents. The society can then submit a formal claim to the construction entity and the authorities.

Practical Examples

• Scenario 1: A cooperative housing society in Gujarat notices cracks in the building's walls and floors due to nearby construction. The society informs all owners and convenes a meeting to discuss the issue. Owners agree to file a claim for compensation.

• Scenario 2: A society's building experiences foundation damage from ongoing construction work in the vicinity. The society conducts a structural assessment and gathers evidence of the damage. They submit a claim to the construction company and the local authorities for compensation.

Reference

• Section 94 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

• Rule 127 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]