JUDGMENT 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 and 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. 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 and 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 and 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. 3. Now let us examine the provisions of the Zamindari Act. 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. 3. 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) " 4. 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. 5. We may now refer to the second proviso to Sec. 1 (2) of the Zamindari Act. 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. 5. We may now refer to the second proviso to Sec. 1 (2) of the Zamindari Act. This proviso reads as under : "Provided further that where any area which on July 7, 1949 was included in a Municipality, Notified Area, Cantonment or Town Area ceases to be so included therein at any time after that date and no notification has been made in respect thereof under Section 8 of the U. P. Urban Areas Zamindari Abolition and Land Reforms Act, 1956- (i) In case it has ceased to be so included at any time before June 29, 1971 this Act shall extend to such area from June 29, 1971 and (ii) in any other case, this Act shall extend to such area from the date on which the area ceases to be so included." 6. The above proviso makes it clear that where any area which was included in an area like Municipality, Cantonment on July 7, 1949 ceased to be so included therein at any time after 7th July, 1949 and no notification in respect thereof has been made under Sec. 8 of the Urban Area Act and the land had ceased to be so included at any time before the 29th June, 1971, the Zamindari Act would apply to such area from June 29, 1971 and in all other cases from the date on which the area has ceased to come within such area. In other words, if any land situated in an Urban area like Municipality etc. has ceased to be so included then from the date on which it ceased to be so included it would come under the provisions of the Zamindari Act. The second proviso is very clear. It would apply to such land which was once in an urban area like Municipality and which had subsequent to 7th July, 1949 ceased to be so, the provisions of the Zamindari Act would be applicable to it. It is evident that the second proviso only specifies a type of land to which the provisions of the Zamindari Act apply on the happening of certain events. It is evident that the second proviso only specifies a type of land to which the provisions of the Zamindari Act apply on the happening of certain events. The second proviso extends the jurisdiction of the Zamindari Act in certain cases. It has a limited applicability and depends on a notification issued by the appropriate authority taking out some land or some area of land from an urban area and denotifying such land as urban area. From the date of such notification, subject to the exception provided in clause (i) of the second proviso to Sec. 1 (2) of the Zamindari Act, such land after denotification would be land to which the Zamindari Act would apply. It follows therefrom that such land would come under the provisions of the consolidation Act. We may now refer to Sec. 64 of the Urban Area Act. It may be mentioned here that the consolidation Act no where mentions that the Act would be applicable to the area where the Urban Area Act would be applicable, as it has done in respect of the areas governed by the Zamindari Act. The Urban Area Act is applicable in the urban areas of U. P. like Municipality, Notified Area, Town Area or a Cantonment. This is evident from Sec. 1 (2) of the Zamindari Act. The Urban Area Act does not refer to consolidation Act anywhere. If the Consolidation Act were made applicable to urban areas of the State, there would have been a specific provision in the Consolidation Act as also some provisions in the Urban Area Act. Sec. 64 makes applicable the provisions of Chapter VIII and X of the Zamindari Act. It merely says that the provisions regarding land revenue and land tenures as provided in the Zamindari Act would be applicable to such areas which are under the Urban Area Act. The Zamindari Act consolidated the law regarding land revenue, land tenures etc. in the entire state and replaced several other enactments and rationalised the law relating to them. The provisions of the Zamindari Act were, however, not made applicable to agricultural land in urban areas. It was, therefore, necessary to have a specific law for dealing with such land in urban areas on more or less the same lines as the Zamindari Act. The provisions of the Zamindari Act were, however, not made applicable to agricultural land in urban areas. It was, therefore, necessary to have a specific law for dealing with such land in urban areas on more or less the same lines as the Zamindari Act. Instead of repeating the entire provisions of chapter VIII and X of the Zamindari Act in the Urban Area Act, drafting by incorporation method was utilised viz., to make applicable certain provisions of the Zamindari Act into the Urban Area Act. This does not mean that the entire provisions of the Zamindari Act were made applicable in urban areas. If that were so, the provisions of Sec. 1 (2) of the Zamindari Act would have said so. The urban areas were specifically excluded from the ambit of the Zamindari Act. If specific provisions of the Zamindari Act were made applicable to agricultural land in urban areas, it would not amount to application of the entire provisions of the Zamindari Act to such areas. Specific provisions were made applicable but not the entire Zamindari Act. We therefore find no merit in the contention that the provision of Sec. 64 of the Urban Area Act has any effect of eroding the force of the reasoning and the conclusion in the case of Harbans Bahadur (supra). 7. Our answer to the question referred is that the provisions of the Consolidation Act are not applicable to the land which lies in a Municipality, Cantonment, Town Area or a Notified Area in the State. The answer may now be laid before the learned single Judge. Question answered.