Wednesday 15 January 2014

Bogyoke Market tenants appeal over eviction

Jewellery and precious stone vendors have been given until the end of January to vacate their stalls and one week to issue a public apology to the Bogyoke Market Super World owner or face legal action, a lawyer representing the owner said.

On December 21, 2013, an informal union of 30 career jewel vendors, established in the Super World hall of Yangon’s most famous market, published a sharp notice in The Mirror declaring they intended to ignore the blood-red eviction notice that was first pinned to the back of the hall on December 1.

The notice requested all shop owners vacate their stands by December 31 so renovations could begin on the popular gold, silver and jewel-smith hall.

Decrying the renovations as a maneuvre to evict shop owners, the retailers said in their published notice they could not accept the eviction demand and said they doubted the authenticity of the hall “owner” that had posted the demand.

“Without shopkeepers’ permission, there is no right to renovate,” the group wrote.

However, the owner, Daw Shu Kyi, through her agent U Mg Mg Lwin and her lawyer U Chit Ko Ko, issued a counter notice in The Mirror on January 8 demanding that the 30 shopkeepers publish an apology undersigned with a list of their names and businesses.

“They don’t have any right to publish in a newspaper a statement saying the present owner has no rights to renovate,” U Chit Ko Ko told The Myanmar Times.

Daw Shu Kyi and U Mg Mg Lwin are directors of The Private Super World Cooperative Ltd, and in their notice claim to have ownership of the retail space.

The iconic Bogyoke Market is a state-owned building administered by a government entity that tenders management rights of the various halls comprising the structure. Daw Shu Kyi attests she has had these rights to Super World hall, which houses about 60 vendors, since 1999.

Tenancy arrangements are renewed biannually between retailers and Daw Shu Kyi’s agent through an informal exchange of rent money and a receipt, jewellers told The Myanmar Times.

However after many of the shopkeepers refused to follow the notice to leave at the end of December, the agent has not collected rent for the first half of 2014.

As of last week, two-thirds of the vendors had already vacated the hall, leaving dusty display cabinets in their wake.

“We don’t know how long it will take for the renovation and we think it is just a reason to make us move,” a shop owner said, speaking on the condition of anonymity for fear of legal retribution.

“There’s no commitment [from Daw Shy Kyi] to accept us back after the renovation,” the vendor said.

Longer-term counter tenants said that rental charges for counters in Super World are around US$120-$150 per month, but as high as double that in other areas of the market.

Jewellers who have already vacated the hall have either had to accept the dramatic increase in rent or move to display premises outside of the popular market.

The shopkeepers sent a separate letter through Daw Shu Kyi’s agent, requesting the renovation be conducted over the Thingyan period – a common slump period for retailers – instead of during the peak season of December to February.

“We will never apologise and we will not move from our present position,” another vendor said, professing to speak for all the remaining shop owners.

“We will face the matter legally. If they accept our negotiation we will give the rental charge for this month as we have not yet paid this,” the vendor said.

Daw Shu Kyi’s lawyer U Chit Ko Ko said his client had instructed him to wait one week for the apology before taking further legal action.

When reporters from The Myanmar Times visited the hall last week, new security cameras had been installed at various points around the hall and a photographer was asked to leave the premises by a woman who held herself out as an agent of Daw Shu Kyi.

source: The Myanmar Times

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