Section 5 in Maharashtra 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 the 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.
