Calcutta HC Sets March 31 Deadline for Bengal To Hand Over Border Land To BSF, Flags National Security Lapses
Bengal shares half of India's total border with Bangladesh, and large stretches of the boundary remain unfenced. Image courtesy: X.com/@BSF_India
West Bengal shares half of India’s total border with Bangladesh, and large stretches of the boundary remain unfenced. Taking cognisance of the fact, 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, 2026.
Stressing that national security concerns cannot be stalled due to administrative or political reasons, a division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen passed the order while hearing a petition that alleged prolonged delays by the state in transferring land required for border fencing.
No delay on grounds of elections or administration
Making its stance clear, the court stated that the land acquired across nine border districts must be transferred to the Border Security Force (BSF) without further delay to allow the erection of barbed wire fencing.
The bench underscored that national security obligations override administrative or electoral considerations, rejecting arguments linked to the Special Intensive Revision (SIR) of voter lists, election preparations, or other procedural hurdles as justifications for non-compliance.
Why the Indo-Bangladesh border is a key concern
The court noted that West Bengal accounts for nearly half of India’s total border with Bangladesh, yet significant stretches remain unfenced despite multiple Union Cabinet decisions since 2016 aimed at securing the boundary. The unfenced areas, the petition argued, pose serious risks related to smuggling and cross-border infiltration.
The petition was filed by retired Army officer Subrata Saha who accused the state government of failing to hand over land despite acquisition and compensation, a lapse he claimed had directly contributed to illegal cross-border activities.
Centre says State constitutionally bound
Counsel representing the Centre told the court that the West Bengal government is constitutionally obligated to hand over the land to the BSF, even though land is a state subject, since compensation has already been paid and all necessary approvals granted.
The Union Home Ministry, the court was informed, had sent multiple reminders, but the state handed over only limited parcels against the 235 km stretch required for fencing.
Expressing concern over the continued delay, the bench asked both the Centre and the West Bengal government to file affidavits on whether emergency land acquisition could be invoked due to pressing security concerns. The matter is scheduled to be heard again on April 2.
