Property Destroyed for the Owners

Unfortunately, violation of private property becomes a habit in Georgia. At present, the owners of the underground located on the Freedom Square face the danger. The owners of the market located on the mentioned place, have to free the territory till Monday, otherwise the market will be destroyed.  

Some days ago, strangers visited mentioned shops, who declared, that they were the representatives of Tbilisi City Supervision Department and demanded to free the underground. About details talk leaseholders themselves.

Marina Phiralishvili, leaseholder of one of the shops in the underground: “I have been working in this shop during 8 years on the bases of lease. Agreement was signed with the private owner. We have all the confirmation documents. The leaseholder agrees on continuing working. Because, according to the agreement, we have the right to continue our job. Though, the representatives of the Supervision Department demand from us to free the place till Monday, or they will destroy our shops. Each of the leaseholders has taken the loan from the bank. With this loan we have bought the goods for the shops, but now, we have no opportunity for the realization of the goods. Where should we take these goods? Should we throw away it, or take it home? There is only one way, we have to appeal to court.”

Lika Imnadze, one of the leaseholders: “I have the same problem. There are 40 leaseholders here. I have signed the agreement with the owner Rusudan Daushvili. Her representative met with me and told, that they were not going to annul the agreement, though according to him, they also were not going to appeal to court, because, they were sure that if the government wants this place, they will take it anyway.”

Marina Litisiani: “If the municipality and government need this place, let’s take them it, but they have to give us 2-3 months to sell our goods. We have taken the loan from the bank, and if we don’t sell it, we won’t be able to cover the loan. The agreement expires at the end of September. We are not going to leave the places, where should we go? We have all the documents.”

Besides the leaving of the place, the leaseholders have another problem also. According to them, their lease does not ask them to free the place. If the leaseholders leave the place, they are afraid that they will annul the agreement, and the lease will appeal to court. As the lawyers explain, under the law, the mentioned danger really exists. 

The same history has the other 37 leaseholders working in the shops. According to the received document from the public registration, they are the legal leases of the mentioned territory. According to the document, the leaseholder pays 415 GEL to private owner in a month. The lease agreement is signed between the directors of Ltd. “New Market” Rezo Mgebrishvili and leases. According to the document, it is impossible to annul the agreement from one side.

After the receiving of the mentioned information, Human Rights Centre decided to talk with the Chairman of Tbilisi City Supervision Department Lasha Makatsaria. He did not deny that those shops have to be destroyed.

LaSha Makatsaria: “The negotiations with the owners of the territory still continue. We argue about the changing of the place. Traders will not be allowed to trade in the underground. The owners do not refuse to move their shops to another place. What about the leaseholders, the agreement is signed with the territory owners, and they themselves have to negotiate with the leaseholders. They feel that our request will be executed. I cannot tell what we are going to offer to the owners, because the negotiations on this case sill continue. May be we should offer leaseholders our help. We would apply to other supermarkets, to let these traders on their territory.”

As Makatsaria says, undergroung will be much more comfortable then today. As for the leaseholders, they say that nobody has contacted to them with the offering of help and this is a lie.

To clear, if somebody contacted to the leaseholders with the alternative proposal, Human Rights Centre talked with the Director of the Market Rezo Mgebrishvili. According to him, he only knows that, the shops have to be destroyed till Monday: “The Department of the Supervision declared that they have to take the territory. But they also say that if we do not appeal to court, may be they would find some other alternative territory for the traders.”

The representatives of the Human Rights Centre left their contacts to the Director. He promised that he would arrange the meeting with the owners. Later, we called him, but he said that the owners refuse to talk with journalist.

The leaseholders appealed to the lawyer of Human Rights Centre Nestan Londaridze: According to lawyer, the rights of the leaseholders are violated: “On 1 March of 2007, leaseholders and Ltd. “New Market” signed a lease agreement. According to the agreement, the area of the underground located on the Freedom Square was handed to the leaseholders. Dismantling of the shops are decided, though, nobody is interested with the faith of the leaseholders. The leaseholders took the loan from the bank. We appealed to the Department of Supervision and asked to take into consideration mentioned situation and to give a month period to leaseholders to free the territory… According to the law, if the administrative organ violates the rights of the person, he/she has right to appeal to court.”

Dismantling begins on Monday, 11 June.

Eka Gulua