A.Banerji, J. - (1.) THE question referred to for our consideration in this case is whether U. P. Consolidation of Holdings Act can apply to the land falling within Municipality or Town Area. Referring order has mentioned a decision of a learned single Judge in the case of Harbans Bahadur v. State, 1980 AWC 252 where it was held that the Consolidation of Holdings Act applies only to that area to which UP ZA and LR Act has been extended and it cannot be applied to any other area. THE referring order has further mentioned that the learned single Judge was aware that the State of U. P. has applied the provisions of Consolidation of Holdings Act (hereinafter referred to as the Consolidation Act) to such land in several districts, and the quashing of notification under section 5 (2) of the Consolidation Act in regard to such land would mean affecting rights of a large number of persons whose claims have been decided by the Consolidation authorities. THE referring order further points out that the aforesaid decision in the case of Harbans Bahadur v. State (Supra) has not made any reference to the provisions of Section 64 of the U. P. Urban Areas Zamindari Abolition Act (hereinafter referred to as the Urban Area Act) and also to the provisions of Section 1 (2) (Second proviso) of the UP ZA & LR Act, hereinafter referred to as the Zamindari Act.
(2.) WE have heard the learned counsel for the parties, Dr. R. Dwivedi and Shri N. B. Nigam. Dr. Dwivedi argued that the Consolidation Act applied also to agricultural land situate within the boundaries of a Municipality, Cantonment, Town area and Notified Area. Any land to which the provisions of Chapter VIII and X of the Zamindari Act had application would be land to which the Consolidation Act also applied. He referred to the provisions of Section 64 of Urban Area Act and Section 1 (2) (second proviso) of the Zamindari Act in support of his above contention. Mr. N. B. Nigam, learned counsel for the respondents urged that Consolidation Act had no application in urban areas like Municipality, Cantonment, Town Area or a notified area for the reason that the provisions of the Zamindari Act had no application to these areas. The Consolidation Act would only apply where the Zamindari Act applied. He further urged that the decision in Harbans Bahadur case (Supra) correctly laid down the law and the provisions of Section 64 of the Urban Area Act or Section 1 (2) (second proviso) of the Zamindari Act did not affect the law laid down in the above decision. We think the correct approach would be to look into the Consolidation Act itself to find out if there is any limitation as to the scope of that Act. In Section 1 (2) of the Consolidation Act it is laid down that it extends to the whole of Uttar Pradesh, but that would not decide the matter. The Consolidation Act has its limitations. Reference may be made to the definition of "Consolidation Area ". Section 3. In this Act unless there is anything repugnant in the subject or context- (2-A) 'Consolidation Area' means the area in respect of which notification under Section 4 has been issued, except such portions thereof to which the provisions of the UP ZA & LR Act, 1950, do not apply. Section 4 of the Consolidation Act contains provisions for declaration and notification regarding consolidation operations in a district or part thereof. We may now revert to the definition of the "Consolidation Area". This definition makes it clear that consolidation area is an area in respect of which a notification under Section 4 of the Consolidation Act has been issued. There is, however, one exception and that is "except such portions thereof to which the provisions of the UP ZA & LR Act, 1950, do not apply". This means that the area to which the Zamindari Act has not been made applicable, notification under Section 4 of the Consolidation Act cannot be issued in respect of such area. It leads to the conclusion that the consolidation area cannot be in respect of a land to which the provisions of the Zamindari Act has no application. In other words, the Consolidation Act would only apply where the Zamindari Act applies. Now let us examine the provisions of the Zamindari Act. Section 1 (2) reads as follows :- " It extends to the whole of the Uttar Pradesh except the areas which, on the 7th day of July, 1949, were included in a Municipality or a notified area under the provisions of the United Provinces Municipalities Act, 1916 (U. P. Act II of 1916) or a Cantonment, under the provisions of Cantonment, Act, 1924 (U. P. Act II of 1924) or a Town Area under the provisions of the United Provinces Town Area Act, 1914, (U. P. Act I of 1914) "
(3.) UNDER this definition Zamindari Act would apply to the whole of Uttar Pradesh except those areas, which on the 7th day of July, 1949, were included in a Municipality or a notified area, Town Area or a Cantonment. It is, therefore, apparent that the Zamindari Act has no application on the land included in any area under a Municipality, Notified Area, Town Area or a Cantonment. It has already been noticed that the Consolidation Act would apply to areas to which the Zamindari Act would apply. The Zamindari Act has no application to Urban areas like Municipality, Cantonment etc. It therefore follows that the Consolidation Act has no application to land in such area as Municipality, Cantonment etc. It also leads to the conclusion that the consolidation Act would apply to areas to which the provisions of the Zamindari Act would apply.;