Ownership dilemma for shopkeepers

Several shopkeepers at the Bengali Market, who have been running their businesses for around six decades, are still trying to figure with whom the ownership of the market lies. The land and development office (L&DO) allotted the shops at the Bengali Market originally to Bengali Mal Lohia. The shopkeepers alleged that even after the death of Mr Lohia, his legal heirs have been claiming ownerships of properties at the market. Of late, shops have been transferred from L&DO to the New Delhi municipal council (NDMC) in 2006. Shopkeepers claimed that despite the market being transferred to NDMC, legal heirs of ex-lessee are still claiming ownership of these properties at the Bengali Market.

The Bengali Market, built in 1930, is among the oldest and most popular markets in the national capital. The market was allotted to Mr Lohia by the L&DO. There were 63 shops when the market was built. After the merger of few shops over a period of time, around 40 outlets exist at the market now. Around 60 per cent of the original occupants of the shops are still running their business from there.

After the death of the original alottee, the L&DO, 1958 onwards, had re-entered the shops at Bengali Market from time to time. In 1974, the L&DO appointed a receiver for all these shops and asked the shopkeepers to deposit rent and usage charges. In 2006, the shops were transferred to the NDMC. Shopkeepers claimed that many of the occupants are depositing the rent regularly. Even the NDMC, in a circular dated May 31, 2007, said that almost all the properties of Bengali Market had been re-entered by the competent authority in L&DO department. “Consequent whereof, the ex-lessees have no right or title in the lease properties and as per law, these properties now vest in the name of the President of India and following notification dated March 24, 2006, now vests in the NDMC. The occupants are accordingly warned that they shall be dealing with the ex-lessees at their own cost and risk,” said the circular. In September 2007, the NDMC further said that as per the notification dated March 24, 2006 of the ministry of urban development, all the lease market in the NDMC area, along with the Bengali Market, has been transferred to NDMC. “The physical possession of Bengali Market has been taken in April 2007 as and where basis,” it added. The shopkeepers, however, alleged that despite the clear order, legal heirs of the ex-lessees with the help of some official are harassing the occupants.