(1.) THE appellants have preferred the present appeal against the award/order dated 3. 3. 2005 passed by the Additional District Judge, Delhi in LAC No. 3/2004
(2.) THE brief facts of the present case are that the land of the appellants' predecessor late Shri Chajju situated in village Sahpur, measuring 6 bighas was acquired u/s 4 and 6 of the Land Acquisition Act 1894, vide award no 17/1986-87 dated 01. 09. 1986. The reference petition was filed before Land Acquisition collector on 26. 09. 1986 which was sent to the learned ADJ, Tis Hazari courts, delhi for adjudication. The Land Acquisition Collector in his award assessed the market value at the rate Rs 13,000 per bigha for category "a" Rs 11,000 per bigha for category "b" and Rs 8,000 per bigha for category "c" and also granted other statutory benefits. Though the compensation has been increased from 13,000/- to Rs 47,224 per bigha by the learned ADJ, but the appellants have not been given statutory interest for the period 29. 04. 1991 to 11. 09. 2001 on the grounds that public exchequer should not be made to suffer due to the fault of the petitioners or his LRs. The fault of the appellant is that the petition was dismissed for non prosecution on 29. 04. 91 and restored only on 11. 09. 2001.
(3.) THE learned counsel for the appellants has submitted that, the learned ADJ has awarded the compensation of Rs. 47, 224/- per bigha to the petitioners but they have been wrongly denied the benefit of interest for the period with effect from 29. 04. 1991 to 11. 09. 2001 by the trial court. The counsel for the appellants has relied upon the judgment titled Sunder Singh vs. Union of India 93 (2001) DLT 567.