'SIR procedure cannot...': Calcutta HC directs Bengal govt to hand over land in 9 border districts to BSF for fencing

(File photo)

The Calcutta High Court on Thursday directed the West Bengal government to hand over already acquired land in nine border districts to the Border Security Force (BSF) by March 31 for putting up barbed wire fencing along the Indo-Bangladesh border (IBB).

A bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen passed the direction in a public interest litigation (PIL) filed by a former Deputy Chief of Army Staff, after it was highlighted by the petitioner that the fencing of IBB is required to protect the integrity and sovereignty of the country.

“In view of admitted position of acquisition/purchase of lands in first category and acceptance of compensation for these pieces of land, we deem it proper to direct the State Government to hand over the aforesaid lands as per the fifth chart to the B.S.F. before 31st March, 2026,” the bench ordered.

The court noted that West Bengal accounts for more than half of India's total border with Bangladesh and despite multiple Cabinet decisions since 2016, large stretches of the international boundary remain unfenced, PTI reported.

Holding that national security obligations cannot be delayed due to administrative or electoral considerations, the division bench said that land which has already been acquired and funded by the Centre must be transferred without delay.

“The S.I.R. procedure cannot, in our considered view, be an impediment for expediting this procedure and hand over these lands in 9 districts,” it observed.

The order was passed while hearing a PIL filed by senior retired Army officer Subrata Saha, who claimed that the state's failure to hand over land had contributed to smuggling and cross-border infiltration, PTI reported.

The Union government's counsel submitted that while land acquisition falls under the state's jurisdiction, once compensation is paid and approvals are granted, the state is constitutionally obligated to hand over possession to the BSF.

He informed the court that only some plots of land had been handed over against the required 235 km, despite repeated reminders from the Union Ministry of Home Affairs, including a letter from the Union Home Secretary in June 2025.

The bench expressed concern over remaining stretches where land transfer is pending due to the absence of state cabinet approval.

The court has asked both the Centre and the West Bengal government to file affidavits on whether border land can be acquired on an emergency basis in view of security considerations.

The bench categorised the issue into three segments -- land already acquired and paid for but not handed over, land where acquisition or purchase proceedings are ongoing, and land where no process has 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 cannot impede border security measures.

The matter has been posted for further hearing on April 2, 2026.