HARI BANS BAHADUR Vs. STATE

JUDGEMENT

(1.) BY way of these petitions quashing of Notifications issued under Section 4 of U.P. Consolidation of Holdings Act has been sought on ground that land in dispute being situated in Municipal area, to which U.P. Zamindari Abolition and Land Reforms Act I of 1950 does not apply, the provisions of U.P. Consolidation of Holdings Act are inapplicable. There is no dispute on facts. But the opposite parties have attempted to save the Notification on applicability of U.P. Urban Areas Zamindari Abolition and Land Reforms Act. The short controversy therefore, that arises for consideration, is whether U.P. Consolidation of Holdings Act applies to land situated in Municipal area or to an area where local bodies Act apply and to which provisions of U.P. Urban Areas ZA and LR Act have been applied.

(2.) IN Badri Dube v. Commissioner Varanasi Dn. Varanasi, 1969 AWR 317 it was held that provisions of U.P. Consolidation of Holdings Act were not applicable to an area where U.P. Zamindari Abolition Act does not apply. That was a case however where provisions of U.P. Tenancy Act applied, till then, and in such an area old Tenancy Act continued and as there was no Bhumidhar or sirdar or asami therefore, provisions of U.P. Consolidation of (omission in the certified copy - -Editor) Act is defined as Bhumidhar,, sirdar and asami. It has been argued that as U.P. Urban Zamindari Abolition Act is nothing but U.P. Zamindari Abolition Act both in spirit and content there was no reason to eliminate applicability of U.P. Consolidation of Holdings to an area situated in Municipality or local area.

(3.) IT excludes those areas from operation of Consolidation Act to which provisions of U.P. Zamindari Abolition Act I of 1951 do not apply. The exclusion is specific. In other words Consolidation Act applies only to that area to which U.P. Zamindari Abolition Act has been extended. It cannot be applied to any other area. It would be hazarding a guess that Legislature never intended to apply this Act to Municipal or local area where neither there are large holdings nor is the problem of fragmentation so acute. In any case so long Legislature does not intervene there appears to be no way out.