ORDER

This special arises from order of the Division Bench of the Punjab & Haryana High Court, made on August 18, 1992 in Civil Revision No. 73 of 1991.

2. The learned counsel for the petitioner has contended that the decision of this Court in Babua Ram & Ors. v. State of U.P. & Anr.1 was referred to a Constitution Bench in Jose Antanio Cruz Dos R. Rodriqueses & Anr. v. Land Acquisition Collector & Anr.2 and thereafter cases with similar facts were also referred. We find that the statement is not accurate and in the facts of this case, the question does not arise. The admitted position is as under.

 3. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short the Act ) was published on June 26, 1973 acquiring 133.24 acres of land situated in Village Dara Kalan, District Kurukshetra for development and utilisation of the land for residential purposes. The Collector in his award dated July 17, 1975 awarded compensation at the rate of Rs. 3/- per square yard. The appellant did not seek any reference under Section 18. However, on reference sought by others, the District Judge in his award and decree dated October 3, 1981 enhanced the compensation to Rs. 7/-