Calcutta High Court Directs West Bengal to Hand Over Border Land to BSF by March 31

The Calcutta High Court on Tuesday directed the West Bengal government to hand over, by March 31, land acquired along the Indo-Bangladesh border in nine districts to the Border Security Force for the purpose of fencing, observing that issues of national security could not be stalled on administrative or electoral grounds.

The directions were issued by a Division Bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen while hearing a public interest litigation filed by a former Deputy Chief of Army Staff, who flagged serious concerns regarding large stretches of the international border in West Bengal remaining unfenced despite repeated approvals over the years.

The petitioner pointed out that West Bengal accounts for over half of the total Indo-Bangladesh border length, and despite multiple Cabinet decisions since 2016, fencing had not been completed across significant portions. It was contended that the delay had resulted in vulnerabilities, including infiltration, smuggling of cattle and gold, narcotics trafficking, and circulation of counterfeit currency. Data drawn from parliamentary responses was placed before the Court to underscore the gravity of the issue.

Appearing for the Union government, Additional Solicitor General Ashok Kumar Chakrabarti submitted that while land acquisition falls within the State’s domain, once compensation had been paid and approvals granted, the State was constitutionally bound to hand over possession to the BSF. He informed the Court that only about 71 kilometres of land had been handed over out of the required 235 kilometres, despite repeated communications from the Union Ministry of Home Affairs, including a letter issued by the Union Home Secretary in June 2025.

The ASG relied on Articles 256, 257 and 355 of the Constitution to argue that the Union was empowered to issue binding directions to States where the security of the nation and protection against external aggression were involved. He rejected the State’s justification that the delay was due to the ongoing revision of electoral rolls and the impending Assembly elections, submitting that neither exercise could override border security concerns.

During the hearing, the Bench questioned why the urgency provisions under Section 40 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 had not been expressly invoked, particularly when high-level discussions had taken place between the Centre and the State. While the Union contended that its communications could be treated as actions under the urgency provision, the State argued that Section 40 was an exception and could be invoked only upon a specific decision declaring an emergency. The State also defended its reliance on the Direct Purchase Policy, stating that it was aimed at reducing litigation and excessive compensation claims.

The Court, however, expressed concern over the application of the Direct Purchase Policy in matters relating to national defence, noting that the policy was framed for stalled infrastructure projects and not for securing international borders. After hearing the parties, the Bench categorised the issue into three segments: land already acquired and paid for but not handed over, land where acquisition or purchase proceedings were underway, and land where no process had commenced.

For land already acquired, the Court held that there was no justification for further delay and directed that possession be handed over to the BSF by March 31, clarifying that electoral exercises could not be treated as impediments. Directions were also issued for completion of ongoing processes within the same timeframe, while the question of invoking urgency provisions was kept open for further consideration. The matter has been listed for further hearing in April 2026.

Case Title: Lt. Gen. Dr. Subrata Saha v Union of Indian and Ors.

Hearing Date: January 27, 2026

Bench: Chief Justice Sujoy Paul and Justice Partha Sarathi Sen