The Calcutta High Court on Thursday directed the West Bengal government to hand over all already-acquired land in nine border districts to the Border Security Force (BSF) by March 31, 2026, for the installation of barbed wire fencing along the Indo-Bangladesh border. The court sternly observed that national security obligations cannot be compromised due to administrative delays or electoral preparations.
A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen was hearing a public interest litigation filed by Lt Gen (Retd) Subrata Saha, who alleged that the state’s continued failure to transfer land to the BSF had resulted in increased smuggling and infiltration across the porous international border.
The bench noted that West Bengal shares over half of India’s border with Bangladesh and observed that despite multiple cabinet decisions since 2016, significant stretches of the boundary remain unfenced. The court held that land which has already been acquired and compensated for — with funds provided by the central government — must be handed over to the BSF without delay.
“The state cannot cite the ongoing Special Intensive Revision (SIR) of electoral rolls or any poll-related activity to justify withholding possession of land needed for national security,” the court said, rejecting the state’s plea for deferral.
The Union government’s counsel informed the court that although land acquisition falls under the state’s domain, the Centre has fulfilled its responsibility by paying compensation and approving proposals. Yet, only a portion of the required land — for 235 km of fencing — has been transferred to the BSF, despite several reminders, including a letter from the Union Home Secretary in June 2025.
The court expressed concern that some stretches are pending due to lack of state cabinet approval and stressed that such procedural delays cannot override urgent national security needs.
The bench categorised the status of the required land into three segments:
- Land already acquired and compensated but not handed over
- Land where acquisition/purchase is underway
- Land where no process has started
For the first category, the court found no valid justification for further delay and issued a firm direction to hand over possession to the BSF by March 31, 2026.
Additionally, the High Court directed both the central and state governments to file affidavits clarifying whether land essential for border security can be acquired on an emergency basis under relevant legal provisions.
The matter will next be heard on April 2, 2026.
