Short Answer

Consent of all owners is not required to start redevelopment in Gujarat. As per the Gujarat Cooperative Societies Act, 1961, Section 154(3), a resolution passed by at least two-thirds of the members present and voting at a general meeting is sufficient to authorize redevelopment.

Detailed Explanation

Section 154(3) of the Gujarat Cooperative Societies Act, 1961 states that for the redevelopment of a cooperative society, a resolution passed by at least two-thirds of the members present and voting at a general meeting is required. This means that the consent of all owners is not mandatory, and a significant majority can decide on redevelopment. In practice, this provision allows for smoother decision-making processes, especially in cases where obtaining consent from all owners might be challenging.

In real-world scenarios, if a cooperative society wishes to undertake redevelopment, they would convene a general meeting where members would discuss and vote on the redevelopment proposal. If at least two-thirds of the members present and voting agree to the redevelopment plan, it can be authorized. This provision ensures that decisions regarding redevelopment are made by a substantial majority, balancing the interests of all members.

For example, if a cooperative housing society in Gujarat wants to redevelop its old building, they would hold a general meeting where members would vote on the proposal. If two-thirds of the members present and voting support the redevelopment plan, it can proceed without the need for unanimous consent from all owners. This mechanism streamlines the decision-making process and enables societies to undertake redevelopment projects efficiently.

Another scenario could involve a cooperative society facing structural issues in their building. By following the provisions of Section 154(3) of the Act, the society can initiate the necessary repairs or redevelopment after obtaining the required majority approval. This ensures that necessary structural repairs can be carried out promptly, benefiting all members of the society.

Reference

• Gujarat Cooperative Societies Act, 1961, Section 154(3): [Link to the official PDF]