Calcutta High Court Mandates West Bengal Government to Transfer Land to BSF for Border Security Fencing
In a significant ruling aimed at bolstering national security, the Calcutta High Court has issued a directive to the West Bengal government, requiring it to hand over land in nine border districts to the Border Security Force (BSF) for fencing along the Indo-Bangladesh Border (IBB). The court has set a strict deadline of March 31, 2026, for this transfer, emphasizing the urgency of the matter in light of ongoing security challenges.
Court's Order and Rationale
A bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen delivered this order in response to a public interest litigation (PIL) filed by a former Deputy Chief of Army Staff. The petitioner argued that fencing the IBB is crucial for protecting the country's integrity and sovereignty, highlighting issues such as cross-border infiltration, narcotics smuggling, and other illegal activities.
The court noted that a substantial portion of the land in question has already been acquired or purchased, with compensation received by the state government from the central authorities. However, only partial handover to the BSF has occurred, delaying the fencing process. In its order, the bench stated, "In view of the admitted position of acquisition/purchase of lands in the first category and acceptance of compensation for these pieces of land, we deem it proper to direct the State Government to hand over the aforesaid lands to the B.S.F. before 31st March, 2026."
Categories of Land and Court's Directives
The court categorized the land into three broad groups to streamline the handover process:
- First Category: Lands that have been fully acquired or purchased, with compensation already received by the state. The court emphasized that these must be handed over to the BSF immediately to expedite fencing.
- Second Category: Lands where acquisition or purchase proceedings have begun but are stalled at various stages, including pending state government approvals. The state is required to file an Action Taken Report (ATR) before the next hearing to demonstrate progress.
- Third Category: Lands where the acquisition process has not yet started. The court deferred a decision on this, pending further hearings on the applicability of Section 40 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The bench clarified that procedural hurdles, such as the ongoing SIR (State Internal Review) procedure, should not delay the handover. "The S.I.R. procedure cannot, in our considered view, be an impediment for expediting this procedure and hand over these lands in 9 districts," the order observed.
Background and Security Implications
The PIL brought to light the critical issue of unfenced stretches along the Indo-Bangladesh border in West Bengal, despite prior land acquisition and compensation payments. Data presented showed a sharp increase in cross-border crimes, including infiltration, smuggling of narcotics, fake currency, cattle, and gold, particularly in districts adjacent to the international border.
Advocate General submissions underscored the necessity of these measures to curb cross-border terrorism and infiltration, urging the court to direct the state government to act swiftly. The court's ruling aligns with these national security concerns, reinforcing the importance of timely border fencing to safeguard sovereignty.
This directive marks a pivotal step in addressing long-standing security gaps, with the Calcutta High Court playing a proactive role in ensuring compliance for the greater public interest.
