Short Answer

In case of redevelopment, parking reallocation or compensation is governed by the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965. The society must follow the provisions laid down in these laws to ensure fair treatment of members regarding parking spaces.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make by-laws for various matters, including the allocation of parking spaces in case of redevelopment. The society's by-laws should clearly outline the process for reallocating parking spaces or providing compensation to members affected by redevelopment. This section ensures that the society has the authority to manage parking spaces effectively during the redevelopment process.

Rule 64 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for making such by-laws related to parking spaces. It specifies that the by-laws should be approved by the general body meeting of the society and should address the rights and obligations of members regarding parking spaces. This rule ensures transparency and fairness in the reallocation or compensation process.

In practice, when a society undergoes redevelopment, the managing committee should convene a meeting to discuss and finalize the by-laws related to parking spaces. Members should be given the opportunity to provide input and raise any concerns they may have regarding parking reallocation or compensation. The by-laws should be implemented in a manner that considers the interests of all members and ensures equitable treatment.

Real-world Scenarios

• Scenario 1: A cooperative housing society decides to redevelop its premises to accommodate more members. During this process, the society formulates new by-laws regarding parking spaces, ensuring that each member receives fair compensation or reallocation of parking spots based on their entitlement.

• Scenario 2: In a cooperative society redevelopment project, some members are required to give up their existing parking spaces. The society follows the by-laws set out in Section 63 of the Act and Rule 64 of the Rules to provide adequate compensation or alternative parking arrangements to the affected members.

• Scenario 3: A society undergoes structural repairs that necessitate changes in the parking layout. The managing committee organizes a meeting to discuss the revised parking allocation plan, ensuring that all members are informed and involved in the decision-making process.

Reference

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

• Rule 64 of the Gujarat Cooperative Societies Rules, 1965: Official PDF