Redevelopment under CHS Bye laws, 79 , Mumbai
Procedures as laid down in circular dt.3-1-2009 (79-A) for redevelopment, I have few queries regarding initial steps only.
1 ) After receiving 25% consent letter from members is that so that 1st Committee should take SGM & get approval to go for Redevelopment ?
Or is it so that once committee got the consent of 25% member ,is free to process the whole required steps of
(a) inviting suggestions from members in writing
( b ) calling tenders for appointment of PMC /Architect
(c) Putting proposal before members to accept name suggested by M/c. either for Feasiability Report or Redevelopment in one single attempt pressuming that all the members are equally competent enough of giving instant decision on whatever is served before them.
3 ) Or the above process is devided into two SGM :
A ) To get approval upon to go for Redevelopment & than after consensus
B ) again calling SGM to follow rest of the transaction .
4 ) Is the process can be termed void if M/C delays the procedures by more than one month after getting the consent of 25% members.
5 ) Is the process can be termed void if instead of calling 2 SGM the whole process was covered in a single SGM.
6 ) Can the process be termed void under the circumstances where just 2 months back in AGM resolution was passed to opt repairing on the ground of Structural audit & all the members were instructed to repair internal part of their own flats.Further after having received Notice of BMC under sec. 354 committee has moved a resolution of required repairing to be done on priority.Also sanction about the necessary fund may be withdrawn from Sinking Fund is obtained from members.
7 ) Is the process can be termed void if minutes of the said SGM is not circulated to members within 10 days of said SGM & also not filed with the Dy. Registrar.
8 ) Is the process can be termed void if in the Agenda of SGM of Redevelopment Managing Comming keeps more than the recommend subjects are kept.
I would be obliged if reply is given enlightening the Do or Don't of the process.
Patrakar CHS Ltd.