JUDGMENT - Chagla, C.J.

1. By this petition an order of requisition made by the Collector of Ahmedabad on May 15, 1953, is being challenged by the petitioner. The property requisitioned is a stall in the vegetable market at Dholka, and the ground of the challenge is that the order does not comply with the mandatory provisions of Section 5 of the Bombay Land Requisition Act.

2. Now, this property, as the order itself states, has been requisitioned under Sub-section (1) of s. 5 of the Act, and turning to that section it provides :

"If in the opinion of the State Government it is necessary or expedient so to do, the State Government may by order in writing requisition any land for the purpose of the State or any other public purpose:"

The power of the State to requisition which is conferred by this sub-section is undoubtedly very Wide. It may requisition any land, and "land" is denned as including buildings, and it is clear that the power to requisition is not confined to requisitioning residential buildings. So long as the State Government wishes to requisition land for the purposes of the State or any public purpose, the State Government has the power to act under Section 5(1).

There is

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