New Delhi: The Calcutta High Court has directed the West Bengal government to hand over already acquired land for fencing along the Indo Bangladesh border by March 31, stressing that national security requirements cannot be postponed due to administrative, political, or electoral reasons.
The directive was issued by a division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen while hearing a petition that alleged prolonged delay by the state in transferring land required for border fencing. The court ordered that land acquired across nine border districts must be immediately handed over to the Border Security Force so that barbed wire fencing work can proceed without obstruction.
The bench made it clear that processes such as voter list revision, election preparations, or other administrative activities cannot be cited as grounds for non compliance. It underlined that security related obligations must take precedence over all such considerations.
The court observed that West Bengal accounts for nearly half of India’s total land border with Bangladesh. Despite multiple cabinet level decisions since 2016 to complete fencing along the international boundary, several stretches remain unfenced. This, the bench noted, raises serious concerns from a security standpoint.
The petition was filed by Subrata Saha, a retired army officer, who alleged that delays in land transfer had contributed to illegal activities such as smuggling and cross border infiltration. During the hearing, counsel representing the central government argued that once land acquisition is completed and compensation paid, the state is constitutionally bound to transfer possession to the BSF, even though land falls under state jurisdiction.
It was submitted that despite repeated reminders from the Union Home Ministry, the state had handed over only limited portions of land against the total 235 kilometres required for fencing. Expressing concern over the delay, the court asked both the Centre and the West Bengal government to submit affidavits on whether emergency acquisition could be considered in view of security imperatives. The matter is scheduled for further hearing on April 2.
The order triggered sharp political reactions. Union Minister Sukanta Majumdar said the ruling sent a strong message to the state government, while BJP Rajya Sabha MP Sudhanshu Trivedi termed the order appropriate and necessary. The ruling Trinamool Congress, however, countered the criticism, alleging that fencing work had not been completed even on land already handed over, and described the controversy as politically motivated.
