In Mumbai the Co-operative Housing Societies go for redevelopment. As per the Co-operation Department's notification dated 3rd January, 2009 the procedure is laid down. Rule 79 (a) has to be complied with if the Society wants to go for redevelopment. Rule 79 (a) stipulates that the General Body meeting for appointing the builder has to be conducted with an official from Dy. Registrar's Office, wherein the attendance should be atleast 75% of membership strength and the resolution appointing the builder should be passed with 75% of those present. In our Housing Society there are 37 members, of which 9 are shopkeeper members whose demands are unreasonable. The number of members who were present at the General Body meeting which was videographed, was 27, with more than 75% of them having approved the appointment of the builder. But the Dy. Registrar says that atleast 28 members should have been present. I can not have the meeting again since all the shopkeeper members + one flat owner i.e 10 members will be present and even 75% support of the memebrs present will not be there. We had followed many stipulations before arriving at this point. Many judgements of the Mumbai High Court have said that minority can not block the redevelopment process. Majority of the members are not in favour of repairs and they want redevelopment only. I am given to understand that the Minister of Co-operation can waive the stipulation under Rule 79 (a), but to get this job done is not easy. Can anybody guide me as to how to proceed further?
