The Maharashtra Government has introduced a revised framework for the redevelopment of cooperative housing societies, placing greater emphasis on member participation, transparency and procedural safeguards.
Under a new Government Order issued under Section 79A of the Maharashtra Cooperative Societies Act, a redevelopment proposal must receive the approval of at least 51% of the society’s total membership. The Special General Body Meeting convened to consider the proposal will require a two-thirds quorum.
The revised procedure also specifies that redevelopment decisions must be taken by a duly elected and legally constituted managing committee. An administrator, authorised officer or board appointed by the Registrar cannot independently take such a decision.
The appointment of an architect or Project Management Consultant (PMC) has been positioned as an important stage before the tendering process. The PMC or architect is required to prepare a detailed project report covering aspects such as available FSI/TDR, development options, members’ requirements, parking facilities and other relevant project parameters.
For selecting a developer, societies are required to invite competitive tenders, with three bids prescribed as the benchmark. Where fewer than three bids are received, additional time must be provided to invite further bids before the society proceeds with the available offers.
The Special General Body Meeting for developer selection must be conducted in the presence of a Registrar-appointed authorised officer. The officer will verify the identity of members and confirm the required quorum. The proceedings must also be video recorded.
The framework requires important redevelopment records—including notices, meeting minutes, project reports, tender documents, comparative statements and video recordings—to be made available to society members for inspection. Members may also obtain copies of the documents by paying the prescribed charges.
The revised procedure includes provisions relating to development agreements, bank guarantees, alternative accommodation, Permanent Alternative Accommodation Agreements, carpet area and allotment of redeveloped flats. It also addresses the membership rights of new flat and shop holders following redevelopment.
The new framework supersedes the July 4, 2019 Government Resolution and subsequent circulars issued under it concerning redevelopment of cooperative housing societies.
The revised procedure is intended to establish a more uniform redevelopment process while strengthening documentation, member oversight and accountability throughout the redevelopment cycle.