JUDGMENT

Mr. Kuldeep Tiwari, J.

The petitioners, who claim themselves to be the owners in possession of pucca residential houses, constructed over land comprised in Khasra No. 49/12/2, 50/14,50/15/1,2 situated in Village Mewala Maharajpur, District Faridabad, have challenged the land acquisition notifications as issued under sections 4 and 6 of the LAND ACQUISITION ACT , 1894 (hereinafter to be referred as 'the Act of 1894'), respectively on 25.5.1992 and 3.5.1993, by the respondent-State, on the ground, that the State Government while announcing the award on 1.5.1995, announced it only in respect of "land", whereas, no award was announced for the superstructures constructed on the land in question. The petitioners asserted that it was mandatory to announce the award under Section 11-A of the Act of 1894, qua the superstructures as well and that too within two years from the date of issuance of declaration. Since there was no such award with regard to the superstructures, therefore, the acquisition has lapsed.

2. Learned counsel for the petitioners has placed heavy reliance upon the award dated 1.5.1995, Annexure P/6, wherein, it has been mentioned that the supplementary award will be announced later on, on receipt of assessment, in respect of superstructures. The relevant extract of award (supra) is read as under :-

" Building Structures

There are several building structures on the land under acquisition and the assessment in respect of these structures has not so far been made by the Executive Engineer, HUDA, Division No. 1, Faridabad. A supplementary award will be announced later-on on receipt of assessment in respect of these buildings structures from the Executive Engineer, HUDA Division No. 1, Faridabad."

3. In support of his argument, learned counsel for the petitioners has referred to Section 11-A and Section 13-A of the Act of 1894, to state that, since no award qua superstructures was passed within the time period, as prescribed under the above provisions of the Act, therefore, the entire acquisition proceedings stand lapsed. For ready reference, Section 11-A and 13-A of the Act of 1894, read as under:-

"11A. Period within which an award shall be made. -

The Collector shall make an award under section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceeding for the acquisition of the land shall lapse."

"13A. Correction of clerical errors, etc. - (1) The Collector may, at any time but not later than six months from the date of the award, or where he has been required under section 18 to make a reference to the Court, before the making of such reference, by order, correct any clerical or arithmetical mistakes in the award or errors arising therein either on his own motion or on the application of any person interested or a local authority."

4. We have perused the entire record as available on file with the able assistance of both the counsel for the petitioners and respondent-State. The issue of non announcement of award qua superstructures, within two years from the date of issuance of declaration under Section 6 of the Act of 1894, has already been considered by Hon'ble the Supreme Court and the Full Bench of High Court of Gujarat. In fact, this issue is no more res integra. It has been categorically held by the Hon'ble Supreme Court that non announcement of award qua the superstructures within two years from issuance of declaration under Section 6 of the Act of 1894, is neither a ground to challenge the acquisition proceedings, nor any lapsing of acquisition proceedings can be claimed as an appropriate remedy, rather the apt remedy available to the land owners, is to file, a