Redevelopment Simplified- 3rd August Bombay Times

Utkarsh Jani-(Project Management Consultant)

Edifice Erection Pvt. Ltd

Redevelopment simplified 

We want to go for redevelopment but we only have 80% of consent of members for Redevelopment, can we still go ahead??

As per the guidelines given by the Maharashtra cooperative act 79(a),for 

Redevelopment of any housing society you need 75% of the consent to select the 

developer. On the basis of 75% consent society can obtain Registrar's NOC and 

society can also sign the development agreement with the developer. However, we must understand the valid reasons of dissenting members, if they are not genuine or obstructing the procedure with malafide intentions then before vacating the building the order for vacating such dissenting members must be obtained from the court if matter is not resolved amicably.

Our society is going for redevelopment but we are getting lesser offers than other buildings in the same locality, why?

In any redevelopment project, offers given are based on the plot area viz a viz 

consumed area occupied by members. There are many factors which determine the viability of the project, e.g whether the plot is in CRZ, if there are reservations like D.P. or municipal road, school, public housing, or there is no conveyance, or there is some balance FSI, any extra demands for terraces or garages. If the plot is affected by railway line or civil aviation zone. All such factors affect the project economy, Hence it is better not to look at the other plots and necessary to prepare the feasibility of your own plot from a PMC who has a licensed Architect and who is well acquainted with the MCGM development rules and regulations.  

Can we select a developer without following 79(a) procedure? 

No. There have been many complaints of irregularities received by registrar from 

members of societies gone for redevelopment, hence on 3rd January 2009 Maharashtra government issued guidelines for redevelopment of housing societies, the objective of the same is to bring transparency in the entire procedure of housing society's redevelopment. Such guidelines are highly recommended not only to maintain transparency but also to minimize the risk of the project as it mentions appointment of technical consultants to safeguard the interest of members, thus  the risk of getting cheated by the developer is minimized; Hence we advice to follow the 79(a) procedure.

For any queries 

Utkarsh.jani@edificeconsultants.in  

www.redevelopmumbai.com