G.C. Mathur, J. - (1.) The following question has been referred for the opinion of this Bench: Whether the notification dated 11 -11 -1954, noted above is valid? The notification is as follows: No. 2162/XXIX -C (RC) -54 -In exercise of the powers conferred by the first proviso to Sub -section (2 -a) of Sec. 1 of the U.P. (Temp.) Control of Rent and Eviction Act, 1947, the Governor is pleased to declare that the said Act shall, with immediate effect, cease to apply to the area known as Govindnagar in Kanpur, bound: on the east by a sixty feet road; on the west by the two hundred feet overbridge road known as a 'Ring Road' in the Kanpur Master Plan; and on the south partly by the Lower Ganges Canal and partly by the Kanpur -Delhi Railway line. Since the validity of the notification issued by the State Government is questioned in this case, we have, in addition to learned Counsel for the parties, heard the learned Chief Standing Counsel also.
(2.) The relevant part of Sub -section (2 -a) of Sec. 1 of the U.P. (Temp.) Control of Rent and Eviction Act, 1947, reads thus: (2 -a) -It shall apply to every municipality and notified area established under the U.P. Municipalities Act, 1916 and to areas situated within two miles of such municipality or notified area: Provided, however, that the State Government, if satisfied that it is necessary so to do in the interest of the general public residing in a town area constituted under the Town Areas Act, 1914, or in any other area, may, by notification in the Official Gazette, apply the Act, or any part thereof, to such town area or other area: Provided further that the State Government may likewise - (i) cancel or amend any notification issued under the preceding proviso; or (ii) declare that the Act shall cease to apply to any municipality or notified area or other area as may be specified.... The main part of Sub -section (2 -a) makes the Act applicable to (i) every municipality; (ii) every notified area; and (iii) all the areas situated within two miles of the limits of every municipality and every notified area. The first proviso empowers the State Government to extend the operation of the Act to (a) any town area and (b) any other area. "Any other area" in the first proviso means any area other than the three areas mentioned in the main part of the sub -section and a town area. The first proviso does not empower the State Government to take out any area from the operation of the Act and the impugned notification could not validly be made under this proviso though it purports to have been issued thereunder.
(3.) It was urged that the impugned notification has been made under the second proviso. Let us examine the second proviso. The first clause of this proviso empowers the State Government to cancel or amend the notification issued under the first proviso applying the Act to any town area or other area. The impugned notification does not purport to cancel or amend any previous notification made under the first proviso and cannot be justified Under Clause (i) of the second proviso.;