Short Answer

Once 75% of the society members give written consent for redevelopment, the managing committee must follow a structured procedure involving a Special General Meeting (SGM), appointment of a project management consultant (PMC), developer selection, and submission of plans for approval to the local authority as per the Gujarat Cooperative Societies Act, 1961 and the Gujarat Ownership Flats Act, 1973.

Detailed Explanation

The redevelopment of cooperative housing societies in Gujarat is governed primarily by the Gujarat Cooperative Societies Act, 1961, and related redevelopment guidelines issued by the Urban Development Department.

Once 75% of the total members (as per Section 63 and Rule 123 of the Gujarat Cooperative Societies Rules, 1965) agree to redevelopment in writing, the following legal and procedural steps must be followed:

Special General Meeting (SGM):

The managing committee must convene an SGM with proper notice (at least 14 days).

The meeting’s agenda should include redevelopment confirmation, appointment of a Project Management Consultant (PMC), and discussion on developer selection process.

The resolution approving redevelopment and developer selection must be passed by at least 75% of members present.

Appointment of PMC or Architect:

The society appoints a PMC/architect to assist in technical evaluation, prepare the feasibility report, and draft the tender terms.

The consultant ensures the project’s viability, FSI utilization, and fair member benefits (area, corpus, rent, etc.).

Tender Process and Developer Selection:

The PMC invites bids from reputed developers.

A transparent evaluation is done based on offers, timelines, and financial terms.

The best proposal is shortlisted and presented in another SGM for final approval.

Execution of Redevelopment Agreement:

The selected developer and the society sign a Development Agreement and Power of Attorney (POA), duly registered.

Each member signs a consent form and individual agreement, confirming acceptance of their new unit, rent, and other terms.

Plan Approval and Permissions:

The developer submits redevelopment plans to the Municipal Corporation or Urban Development Authority for approval.

The authority verifies the 75% member consent resolution, the registered agreement, and the project layout before granting permissions.

Vacating and Construction Phase:

After obtaining approval and building permissions, members vacate their premises as per the schedule.

The developer provides temporary accommodation or rent, and the redevelopment work begins.

Monitoring and Handover:

The PMC and society monitor progress and compliance.

On completion, new occupancy certificates are issued, and possession is handed over to all members.

This stepwise procedure ensures that the redevelopment is transparent, legally compliant, and protects the collective interests of all members.

Practical Examples

Scenario 1: A cooperative society in Ahmedabad obtains 75% written consent for redevelopment. The committee holds an SGM, appoints a PMC, and shortlists three developers through a transparent tender.

Scenario 2: In Surat, members finalize a developer after a second SGM and execute a registered redevelopment agreement. The approved plans are submitted to the Surat Municipal Corporation for final clearance.

Scenario 3: In Vadodara, redevelopment begins after all 75% consents are verified by the District Registrar, ensuring legal compliance and fair compensation to members.

References

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

Rule 123 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

Gujarat Ownership Flats Act, 1973 (Section 11 – Promoter’s obligations): Official PDF

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