Section 5 in The Gujarat Land Requisition Act, 1948
5. Requisition of land.
(1)If in the opinion of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government it is necessary or expedient so to do, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may by order in writing requisition any land for [any public purpose] [These words were substituted for the words 'purpose of the State or any other public purpose' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.];Provided that no building or part thereof wherein the owner, the landlord or the tenant, as the case may be, has actually resided for a continuous period of six months immediately preceding the date of the order shall be requisitioned under this section.(2)Where any building or part thereof is to be requisitioned under sub-section (1) the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall make such enquiry as it deems fit and make a declaration in the order of requisition that the owner, the landlord or the tenant, as the case may be, has not actually resided therein for a continuous period of six months immediately preceding the date of the order and such declaration shall be conclusive evidence that the owner, landlord or tenant has not so resided.
