K.K. Usha, J.

The question raised in this Civil Revision Petition concerns the 'just compensation' payable on the basis of annuity principle, when trees in private properties are cut down for the purpose of drawing power lines. About four decades back, this question had come up for consideration by a Bench of this Court in Electricity Board v. Thomas, 1961 KLT 238. The Bench took the view that the method that can be adopted for computing the compensation is the one by which the present value of annuity which would yield a fair return on the amount for a specified period is ascertained. It was also held that the fair return could be fixed at 5% interest per annum. Two decades later, the question again came up for consideration before a Full Bench in K.S.E. Board v. Marthoma Rubber Co. Ltd., 1981 KLT 646. The principle adopted by the Bench in 1961 KLT 238 supra, concerning the mode of determining compensation, was not under challenge before the Full Bench. But, it was contended that the rate of return at 5 % need not be true for all times. Regarding the rate of return, the Full Bench took the view that it would be safe to adopt the return on a fixed deposit for the usual p