Calcutta High Court Mandates Land Transfer to BSF for Border Security Project
The Calcutta High Court has issued a significant directive to the West Bengal government, ordering it to hand over land acquired by the Union government to the Border Security Force (BSF) by March 31. This land, spread across nine districts in the state, is intended for a crucial project to secure the India-Bangladesh boundary with barbed-wire fencing.
Background of the Case and National Security Concerns
The court's order came in response to a Public Interest Litigation (PIL) filed by retired Lieutenant General Subrata Saha, a former Deputy Chief of Army Staff. In his petition, Saha highlighted what he described as a "grave threat" to national security due to unfenced stretches along the international border in West Bengal. He emphasized that despite the Centre having already paid for these land parcels, the state government has failed to transfer them, delaying the fencing project.
A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen had previously directed the principal secretary of the state's land acquisition department to file an affidavit on the matter. The bench has now set a firm deadline for the land transfer, underscoring the urgency of the situation.
Delays in Border Fencing and Security Implications
The PIL points out that large portions of the 2,216.7-kilometer border in West Bengal remain without fencing, primarily due to delays in land acquisition by the state government. This is despite repeated assurances and substantial budgetary allocations from the Ministry of Home Affairs, which oversees border management through its division and the BSF.
Saha, who serves as the executive chairperson of the Manekshaw Centre for National Security Studies and Research, cited official data from the Rajya Sabha and Lok Sabha. This data reveals alarming trends between 2016 and 2025, including infiltration by thousands of illegal immigrants and rampant trafficking of narcotics, cattle, gold, and fake currency across the border.
Legal Proceedings and Future Hearings
For land-acquisition proposals that are still pending approval from the state cabinet led by Chief Minister Mamata Banerjee, the court will examine whether emergency acquisition of border land is legally permissible in light of national security imperatives. The bench has directed all involved parties to submit affidavits and has scheduled the next hearing for April 2 to further review the progress and address any outstanding issues.
This case underscores the ongoing tensions between the central and state governments over border security measures, with the judiciary stepping in to enforce compliance for the sake of national safety.
