Journalism of Courage
51% member nod now mandatory for housing society redevelopment in Maharashtra
General body, not management committee, to take redevelopment decision under new rules
The civic body grants permission for the development or redevelopment of a building, but the legal process preceding it is governed by rules framed by the state Cooperative Department. (File Photo)
The state Cooperative Department has made the participation of housing society members at every important stage of redevelopment mandatory, along with 51 per cent consent, a minimum of three tenders, video recording and open inspection of documents. The measures are aimed at preventing arbitrariness in the redevelopment process, which has often been undertaken without adequate participation of residential society members.
The decision is likely to have an impact on redevelopment projects across Maharashtra, particularly in Pune, which has seen a significant number of redevelopment projects.
In the Pune civic body jurisdiction, around 30 per cent of the building permissions issued are for redevelopment. “We consider all proposals for building construction the same technically. There is no specific data to differentiate redevelopment proposals, but around 30 per cent of the building permissions are for the redevelopment of old buildings,” said Annirudha Pawaskar, city engineer of the Pune civic body.
The civic body grants permission for the development or redevelopment of a building, but the legal process preceding it is governed by rules framed by the state Cooperative Department.
The new procedure will supersede the government decision on redevelopment issued in 2019 and subsequent related circulars. Earlier, only the elected and legally constituted management committee could take a decision on redevelopment. Under the new procedure, the decision will have to be taken by the general body of the housing society.
The decision cannot be taken by an officer, administrator or authorised body appointed by the Registrar. The rules will apply to redevelopment through developers as well as self-redevelopment, group redevelopment and redevelopment through associations.
“At least three tenders must be received for the selection of the developer. If three tenders are not received, an extension of 15 days will be given first and then another seven days. It is mandatory to advertise in Marathi and English newspapers with the highest circulation at the local level. The list of tenders received will have to be published on the notice board. It will be necessary to hold a developer selection meeting in the presence of a representative of the Registrar,” the order says. The agenda must be submitted 14 days in advance.
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The management committee will have to call a special general body meeting if at least one-fifth of the members request it, along with suggestions and a plan. The committee must register the application within eight days and hold the meeting within two months.
“The agenda of the meeting will have to be given at least 14 days in advance. Before that, quotations will have to be sought from at least three registered architects or project management consultants,” the order says.
A quorum of two-thirds of the total membership will be required for a special meeting on redevelopment. If a quorum is not met at the first meeting, another meeting can be held after one month by giving seven days’ notice. If a quorum is not met for the second time, the matter cannot be raised again for three months.
The preliminary decision on redevelopment will require the approval of at least 51 per cent of the total membership. Members residing abroad or those who are seriously ill or disabled can participate remotely.
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Redevelopment consultant Rajendra Washivale said, “The Maharashtra government order is a welcome step to ensure protection of members of society in redevelopment projects. It will stop cheating of society members and bring in transparency in the entire process.”
The state government order also says the developer will have to complete the project within two years, or a maximum of three years in exceptional circumstances.
© The Indian Express Pvt Ltd
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