Understanding Appeal Fees and Compensation Orders in Rajasthan (Section 46 & 47)

Fee on Appeal Against Compensation Order (Section 46)

In the case of an appeal against an order for compensation, the court fee is determined on the basis of the difference between the amount ordered by the authority and the amount of claim made by the appellant. This is in the case of acquisition of property by the government or by any public body for public purposes, like construction of roads, railways, or government buildings.

For example, if a landowner is awarded ₹5 lakh as compensation for land acquisition but believes the rightful compensation should be ₹8 lakh, they can appeal. The court fee will be based on the difference of ₹3 lakh.

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Fee for Appeals in General (Section 47)

In Rajasthan, the appeal fee is equal to the fee that would have been paid originally in the lower court case. If an individual files an appeal against a final decree pending when an appeal against the preliminary decree is filed, the fee paid in the previous appeal will be taken into account, and credit will be accordingly provided.

For instance, if an individual instituted a suit for property of value ₹10 lakh in the trial court and paid the requisite court fee, the same amount is to be paid while appealing against the judgment in the higher court.

Where an appeal is against the denial of relief by a court, or against the relief allowed, the fee is the same as would have been paid in the first court. The case cost is not part of the appeal fee unless the appeal is made specifically against the costs ordered. If interest is added to a claim once the case is underway, that amount of interest is part of the subject matter of the appeal. But if the interest is waived, it will not be included.

If the appeal is for alternative relief from that which was initially sought in the lower court, the fee is computed on the basis of the new relief. In determining the market value for fee computation, the value is considered as it was on the date when the original suit was commenced.

For instance, if someone originally filed a suit for possession of a property worth ₹15 lakh but subsequently appeals for compensation in place of it, the court fee will be calculated according to the value of the claimed compensation in the appeal.

These rules are better understood by litigants, and they can comprehend how court fees are used in appeals so that legal proceedings in Rajasthan remain fair and transparent.