(2018) 139 RevDec 552 ::(2017) 2 CLR 1213 (SC) ::2018 (13) SCC 96 ::(2018) 2 RecCivR 815 ::(2017) 12 Scale 731 ::(2018) 127 All LR 748 ::AIR 2018 SC (Supp) 247 ::(2018) 184 AllIndCas 176 (SC)

Supreme Court Of India

(From: Punjab and Haryana)*

Hon'ble Judge(s): Arun Mishra, Mohan M. Shantanagoudar , JJ

(A) Land Acquisition Act (1 of 1894) , S.18— Reference to court - Determination of compensation - On basis of award passed in another case - Factors to be considered before relying upon and following award in other cases relating to determination of compensation - Discussed. Courts are bound to take into consideration various aspects as discussed in each and every case before relying upon and following award or judgment in other cases relating to determination of compensation as there is no res judicata in such cases. In each case, some change in factual scenario is bound to be there such as quality of land, category, @page-SC248 time gap and largeness and smallness, deduction to be made. There are various factors which have to be taken into consideration and they are as follows: 1. It is incumbent upon High Court to take into consideration various transactions that are on record, entered into before date of issuance of Notification under S. 4 of Act. 2. In such cases, where such judgments/awards are relied on as evidence, though they are relevant, but cannot be said to be binding with respect to determination of price, that has to depend on evidence adduced in case. Court has to apply judicial mind and is supposed not to follow previous awards without due consideration of facts and circumstances an....