The order is under Section 79A of the Maharashtra Co-operative Societies Act, 1960. It supersedes the 4 July 2019 resolution. This part is paragraphs 7 to 9: the consent letters, the appointment, and what the project report must contain.

Further action needs consent letters from those who voted yes

Paragraph 7 applies after the Special General Meeting has passed the decision to redevelop, by a majority of not less than 51 per cent of the total members.

For any further action on redevelopment, the managing committee must obtain written consent letters from the members who recorded their vote in favour of that resolution.

The letter is not a fresh vote, and it is not a substitute for having attended. It is the written record of the members who already said yes. Members who voted against, or who were absent, are not the source of these letters. Without the letters from those who voted in favour, the order does not allow the committee to move on.

The architect must be appointed within 30 days

The expert architect or project management consultant is the one selected at the Special General Meeting, from the quotations taken before that meeting.

Within 30 days of the meeting, the Secretary must issue a letter of appointment. The committee must also enter into a written agreement with that architect or consultant, on the terms and conditions the general meeting approved.

A verbal appointment is not what the order asks for. The appointment letter and the written agreement are both required, and the terms cannot be rewritten outside the meeting.

The report starts with the land, not the extra carpet

At the initial stage the architect or project management consultant has five jobs.

Survey the society’s building and land.

Obtain the position on conveyance of the society’s land, whether deemed or actual.

Then, according to the Government’s prevailing policy and the ownership of the land, take into account the rules of MHADA, CIDCO, SRA, MMRDA, the Municipal Corporation or the Municipal Council, as applicable, and obtain the FSI and TDR available on that building and land. The society must act on that information.

The order does not let the report skip the title and the available buildable area. A promise of extra rooms, before conveyance and FSI are on paper, is not the project report this clause describes.

Members’ suggestions go into a comparative report

The report must take into account the suggestions and recommendations of the members. It must be realistic. It must deal with the residential area, commercial area, open space, garden, parking and construction specifications to be made available to members.

It must also be scheme-wise. For the schemes under the Development Control Regulations approved by the Government for planning authorities, DCPR or UDCPR, the architect or consultant prepares a separate project report for each scheme, together with a comparative statement of the benefits.

One favoured scheme, with no comparison, does not meet this clause.

Two months to submit it to the committee

The architect or project management consultant must prepare the project report within two months from the date of appointment, and submit it to the managing committee.

What the committee does after receiving it, including member inspection and the tender draft, is the next part of the order. This part ends when the report is in the committee’s hands.

Also Read: Part 2: Redevelopment Vote Needs 51% of All Members, Not Just Those in the Room

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