Short Answer

In the case of a building situated on multiple plots, the reallocation of land share in redevelopment is governed by the Gujarat Cooperative Societies Act, 1961 and Rules, 1965. The process involves determining the proportionate share of each plot owner based on the total land area and other relevant factors.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the society to undertake redevelopment of the building. It allows for the determination of the land share of each member based on their respective plot sizes and contributions towards the redevelopment project. This section ensures equitable distribution of land shares among the members.

Rule 89 of the Gujarat Cooperative Societies Rules, 1965 provides detailed guidelines on the process of reallocation of land share in case of multiple plots. It outlines the steps to be followed by the society in calculating the proportionate share of each member, taking into account factors like plot size, built-up area, and financial contributions.

In practice, the society would first conduct a survey to ascertain the individual plot sizes and built-up areas. Based on this data, the society would then calculate the revised land share for each member, ensuring fairness and transparency in the reallocation process. Members are usually informed of their revised land shares through official communication from the society.

Real-world Scenarios

• Scenario 1: A cooperative housing society in Gujarat decides to undertake redevelopment of its building situated on three plots. The society conducts a survey to determine the individual plot sizes and built-up areas. Using the guidelines under Section 63 of the Act and Rule 89 of the Rules, the society recalculates the land shares for each member based on the survey findings.

• Scenario 2: In another case, a building on multiple plots faces structural issues requiring redevelopment. The society follows the provisions of the Act and Rules to ensure a fair and transparent reallocation of land shares among the plot owners involved in the redevelopment project.

Reference

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

• Rule 89 of the Gujarat Cooperative Societies Rules, 1965: Official PDF