Before going for Redevelopment:
- Make sure every flat agreement is duly stamp duty paid and registered.
- The is lean on individual property. No mortgage or loan.
- You have Conveyance in the name of the society.
- First the Society should undertake Structural audit of the building.
- Building should be 30 years old and above.
- Whether BMC has declared the said building under C1 or C2 category.
- Members submit a written demand for redevelopment.
- Managing Committee records the request.
- Special General Body Meeting (SGM) is convened with proper notice.
- Agenda is circulated in advance.
- Quorum is verified.
- Minutes are properly recorded.
- General Body appoints an independent Project Management Consultant (PMC).
- PMC has the required qualifications and experience.
- PMC's appointment is by resolution, not by unilateral committee action.
- PMC discloses any conflict of interest.
- Structural condition is assessed.
- Feasibility report is prepared.
- Development potential (FSI/TDR) is explained.
- Estimated benefits to members are disclosed.
- Report is shared with all members.
- Transparent tender document is prepared.
- Adequate number of reputed developers are invited.
- Wide publicity is given to invite bids.
- Sealed bids are received.
- Bids are opened transparently.
- Comparative statement of bids is prepared.
- PMC recommends the best offer.
- Comparative report is circulated to members.
- SGBM discusses all offers.
- General Body selects the developer by the prescribed majority.
- Draft Development Agreement is circulated.
- Bank Guarantee is obtained/Amount collected from sale component is deposited in an escrow account.
- Permanent Alternate Accommodation Agreement (PAAA) is executed with every member.
- Corpus fund and transit rent are clearly specified.
- Construction timelines and penalty clauses are included.
- Each member executes an individual agreement with the developer.
- Transit rent/accommodation, corpus, bank guarantee, timelines, and specifications are clearly defined.
- Vacating the Building
- Members handover possession only after all agreed safeguards are in place, such as bank guarantee, registered agreements, and transit arrangements.
- Construction and Monitoring
- Required approvals are obtained from competent authorities like planning authority, fire department, environmental authorities (where applicable), and other statutory bodies.
- Plans are approved before demolition.
- Insurance is arranged.
- Society records remain available for inspection.
- PMC monitors progress.
- Periodic reports are placed before members.
- Transit rent is paid on time.
- Members are kept informed of delays or changes.
- Occupation Certificate (OC) is obtained before possession.
- Members receive possession of their new flats and society records are updated. .
- The conveyance and society records are updated.
- Filing a complaint before the Deputy Registrar of Cooperative Societies for violations of the Act, Rules, Model Bye-laws, or redevelopment directions.
- Seeking an injunction before the competent civil court if your civil rights are affected.
- Approaching the Cooperative Court where the dispute falls within its jurisdiction under the MCS Act.
- Filing a writ petition before the Bombay High Court in appropriate cases involving arbitrary or illegal action.
- A well-documented challenge based on multiple violations is usually much stronger than relying on a single ground.
Shirish Shanbhag Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, a Diploma in a French and has completed his LL.B. in first class, in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, where he taught theoretical and practical chemistry. Post retirement in 2012, he started providing guidance and counseling to people on several issues, with a specific focus on co-operative housing society related matters. Adv Shanbhag has a kee
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Dr Rajendra Ganatra Dr Rajendra M Ganatra, was a banker for two decades and is now a registered Insolvency Resolution Professional, restructuring consultant and visiting faculty for MBA. He has more three decades of experience in project finance, asset reconstruction and financial restructuring. He is a Registered Insolvency Professional and has been the former MD & CEO of India SME Asset Reconstruction Co. Limited
Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.
Mohammed Afzal Mohammed Afzal is a civic and consumer rights activist with over 44 years of experience in the social sector. He has worked extensively on civic, traffic, consumer and housing society-related issues and has guided citizens on grievance redressal, society governance and dispute resolution. Known for his practical and citizen-centric approach, he has been actively involved in public awareness initiatives and various consumer and civic forums in Mumbai.
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