Short Answer

Yes, if the redevelopment plan is changed midway, the society must call a Special General Meeting (SGM) and obtain fresh consent from at least 75% of the total members before approving any major modification. This requirement is mandated under Section 73 and Section 74 of the Gujarat Cooperative Societies Act, 1961, and supported by the Urban Development Department’s Redevelopment Guidelines (2019) of the Government of Gujarat.

Detailed Explanation

Redevelopment projects are legally binding agreements between the society and the developer, based on terms and plans approved by the members.

If the approved redevelopment plan — such as total floor area, flat size, layout, amenities, or FSI usage — is altered midway, it materially affects members’ rights.

Therefore, as per the Gujarat Cooperative Societies Act, 1961, no such modification can be implemented without renewed member consent and general body approval.

Legal Provisions:

Section 73 of the Gujarat Cooperative Societies Act, 1961:

Empowers the managing committee and general body to make or modify important decisions affecting the society’s assets and members’ property rights — but only with majority approval.

Section 74:

Obligates the managing committee to ensure transparency and protect members’ interests, requiring that any substantial change in redevelopment plans be re-approved by the general body.

Government of Gujarat Redevelopment Guidelines (2019):

These guidelines specifically require that if the project’s structural plan, benefit ratio (e.g., carpet area or corpus amount), or amenities change, the society must reconvene a Special General Meeting (SGM) and record fresh 75% consent before authorizing the revision.

RERA Compliance (Section 14 of RERA, 2016):

RERA prohibits the promoter from making any major alteration in sanctioned plans, specifications, or the project layout without prior written consent from at least two-thirds (66%) of allottees.

In cooperative societies, this threshold is considered equivalent to 75% member approval for redevelopment.

Practical Process:

The developer submits proposed plan changes (revised drawings, FSI, amenities, or timelines) to the managing committee.

The committee circulates the details to all members at least 14 days before the SGM.

During the SGM, the proposed modifications are discussed and voted on.

If 75% of members consent in writing, the society records the resolution in the minutes and issues a formal approval letter to the developer.

The revised plan is then submitted to the municipal authority and RERA for formal re-approval.

Without this process, any change in the redevelopment plan can be challenged by members and declared invalid by RERA or the Registrar.

Real-world Scenarios

Scenario 1: In Ahmedabad, a developer proposed to add two extra floors and modify parking layout. The society called an SGM and approved it after 80% member consent, ensuring compliance.

Scenario 2: In Surat, the builder changed the flat size allocation without consent. Members complained to RERA, which halted construction until a fresh 75% approval was obtained.

Scenario 3: In Vadodara, the developer sought to change material specifications and delay completion by six months. The society refused to approve the modification, and the original agreement remained binding.

References

Section 73 & 74 of the Gujarat Cooperative Societies Act, 1961: Official PDF

Urban Development & Urban Housing Department Redevelopment Guidelines (2019), Government of Gujarat.

Section 14 of the Real Estate (Regulation and Development) Act, 2016 (RERA): Gujarat RERA Act