Kolkata:

The Calcutta High Court issued a sharp directive to the West Bengal government on Thursday, mandating the transfer of acquired land in nine border districts to the Border Security Force (BSF) by March 31 to complete critical fencing along the Indo-Bangladesh frontier.

The ruling addresses a long-standing security gap in a state that encompasses more than half of India's international boundary with Bangladesh. Despite numerous state cabinet resolutions dating back to 2016, vast stretches of the border remain open.

A division bench, led by Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, ruled that national security obligations must override administrative or political timelines. The court ordered that all land already purchased and funded by the Union government must be handed over to the BSF immediately.

The bench explicitly rejected the state’s attempt to cite the ongoing Special Intensive Revision (SIR) of electoral rolls and upcoming election preparations as valid reasons for the delay.

“National security cannot wait for elections,” the court remarked, emphasising that electoral exercises are not a justification for stalling border protection measures.

The order stems from a public interest litigation filed by Lt. Gen. Dr Subrata Saha (Retd.), a former Deputy Chief of Army Staff. Saha argued that the state's failure to secure the boundary has directly facilitated rampant smuggling and cross-border infiltration.

Counsel for the Union government informed the court that while land acquisition is a state responsibility, West Bengal is constitutionally bound to transfer possession once compensation has been disbursed. The Union Ministry of Home Affairs noted that despite a formal request from the Union Home Secretary in June 2025, only 71 kilometres of a required 235-kilometer stretch have been delivered to the BSF.

The bench expressed particular concern over areas where the transfer remains stalled due to a lack of state cabinet approval. Consequently, the court has directed both the Centre and the West Bengal government to submit affidavits on whether emergency acquisition laws can be invoked to secure the border.

The court categorised the disputed land into three groups:

  • Plots already acquired and paid for but not transferred.
  • Land currently undergoing acquisition or purchase.
  • Areas where no legal process has yet been initiated.

For the first category, the court found no excuse for further procrastination and set the strict March 31 deadline for possession. The case is scheduled for a follow-up hearing on April 2, 2026.

With inputs from PTI