Tamil Nadu Town and Country Planning Act, 1972 – The law permits a planning authority to come out with a Layout Plan or a Master Plan for an area in which certain area may be reserved for public purposes. Given how our cities are fast expanding, the salutary purpose and objective behind Section 36 of the Act is obvious. Read with Section 2(36), ‘public purpose’ has been given a very wide connotation and could even include keeping the identified land as open spaces to act as lungs for the city in view of environmental considerations. However, the caveat is that though the planning authority can include private land, the way ahead to acquire the land, either by way of resort to land acquisition laws as modified by the Act or by way of agreement with the person(s) concerned [Section 37], but in accordance with the procedure as laid out in Chapter IV of the Act. (Para 22)
Legal Maxims -Nemo dat quad non habet – No one can give what they do not possess. (Para 22)