The Calcutta High Court has ordered that all land purchased using funds provided by the Centre for border fencing must be handed over to the Border Security Force (BSF) by March 31, 2026. The directive
was issued by a Division Bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen.
The issue has long been raised by the BJP, which has accused the West Bengal government of delaying the handover of land in border areas and thereby obstructing fencing work. The matter came under judicial scrutiny following the filing of a Public Interest Litigation (PIL) concerning border land.
The PIL highlights serious concerns over the unfenced Indo-Bangladesh Border (IBB) adjoining West Bengal, which accounts for the longest stretch of the international border — 2,216.70 km — spanning nine districts of the state. The petition points to a sharp rise in crimes linked to narcotics trafficking, cross-border infiltration, and other illegal activities.
Data placed before the court, sourced from unstarred questions in the Rajya Sabha, shows the number of people apprehended for cross-border infiltration over the years, with a noticeable increase in recent years, including 2023, 2024, and up to July 2025.
The PIL, filed by a former Deputy Chief of Army Staff, was heard on the issue of interim relief. The court noted that all parties were represented by their respective counsels. The petition underscored serious security vulnerabilities along the border and sought urgent judicial intervention to strengthen border management and enforcement.
The court observed that fencing of the Indo-Bangladesh Border is a matter of national interest, essential for safeguarding India’s sovereignty and territorial integrity. It clarified that the PIL should not be treated as adversarial litigation, but as an effort to highlight serious inaction by the authorities.
The petitioner submitted that in nine districts, compensation for land acquisition has already been paid, yet the land has not been handed over to the BSF, delaying the fencing process. The Central Government, represented by the Additional Solicitor General (ASG), stressed that expeditious land acquisition and handover are crucial to curb terrorism, infiltration, and other cross-border crimes, invoking powers under Articles 256 and 257 of the Constitution.
Taking note that a substantial portion of land has already been acquired or purchased by the State Government and that compensation has been received from the Centre, the court directed the State Government to hand over all such lands (first category) to the BSF by 31 March 2026.
BJP Slams TMC
In what is being seen as a setback to Chief Minister Mamata Banerjee’s attempts to stall Indo-Bangladesh border fencing, the court issued clear directions to end delays and ensure the handover of land required for the project.
The issue has remained a major political plank for the BJP for years, with Union Home Minister Amit Shah also repeatedly flagging it during his visits to the state. Following the court’s order, the BJP has once again stepped up its attack on the Trinamool Congress government.
Reacting to the ruling, BJP IT cell head Amit Malviya posted on X, “Mamata Banerjee’s bid to stall Indo-Bangla border fencing hits a judicial wall. The court has now stepped in, directing the West Bengal government to stop delaying tactics and hand over land required for border fencing to the BSF.”
“Political obstruction cannot override national security concerns. With firm judicial deadlines now in place, the Mamata Banerjee government can no longer delay the handover of land meant for securing India’s international border. Court orders. Clear timelines. No more excuses,” he wrote.
Mamata Banerjee’s bid to stall Indo-Bangla border fencing hits a judicial wall.
The court has now stepped in, directing the West Bengal government to stop delaying tactics and hand over land required for border fencing to the BSF.
🔹 Clear orders on already acquired land:
Where… pic.twitter.com/VZChh7bafR— Amit Malviya (@amitmalviya) January 28, 2026
Meanwhile, Trinamool Congress leader Kunal Ghosh countered the BJP’s narrative, saying: “They must answer why work has not started in areas where land has already been handed over, and why infiltration is still continuing.”
