No arrest warrant has been issued about the property owners at the heart of the dispute, courts say
The Judiciary has weighed in on the contentious arrest in Lavington of an elderly couple’s detainment over a land dispute. In a statement on Monday, the Judiciary clarified that there was no arrest warrant to execute in connection with the disputed property, as earlier reports had suggested.
According to the official statement, DCI detectives apprehended the elderly couple without the backing of court orders. The matter remains under judicial consideration and is scheduled for mention on September 18.
The Judiciary assured the public that the civil case filed before the Environment and Land Court will be impartially resolved to address concerns about the rightful ownership of the contested parcel of land.
The legal battle involves multiple parties, with Mahesh Kumar Bhatti, Anita Bhatti (applicants), and occupants of the land on one side and Malkiat Singh Assi and Munir Ahmed Chowdhary (the owner of the land) on the other.
The applicants seek joint ownership of the land based on the principle of adverse possession, which allows a person possessing another’s land to acquire valid ownership if certain conditions are met.
In light of the ongoing legal proceedings, the court issued an injunction restraining the respondents and their affiliates from interfering with the applicant’s peaceful use, occupation, and possession of the land.
The Judiciary statement comes as the Directorate of Criminal Investigations (DCI) released a statement on Sunday claiming that Munir Ahmed, a UK resident, had filed a complaint after being denied access to the plot in February 2023, despite having prior access in preceding years. Munir claimed ownership of the land, asserting that he acquired it in 1977.
In the statement given to the DCI, Munir detailed his ownership history, asserting that he sold a portion of the land to Mahesh and Anita in 1987 while retaining the other part.
The DCI further claimed that the occupants failed to produce any ownership documents related to the disputed land. Consequently, the Director of Public Prosecution directed the prosecution of Mahesh Kumar Bhatti and Anita Bhatti for the offence.