LOOKEAST

Prasanta Paul |

THE Mamata Banerjee government in West Bengal received a hard wrap from the Calcutta High Court for its failure to hand over to the Border Security Force (BSF) the land acquired by the state authorities for erecting barbed wire fencing across the Indo–Bangladesh international border.

■ Barbed wire fencing across the Indo–Bangladesh international border | Archive

In a landmark judgement delivered recently, a division bench of the High Court headed by Chief Justice Sujoy Pal, while passing the interim order, sharply criticised the Trinamool Congress government for its persistent procrastination amounting to refusal to part with the acquired land, funds for which had already been provided to the state government by the Centre.

Judgement A Severe Setback for Mamata

The judgement, coming as it does before the state assembly election, is considered a severe setback for the Trinamool Congress government which, its baiters allege, has constantly been soft—pedalling the issue despite it being quite vital for national security.

Hon’ble chief justice made a sharp jab at the Mamata Banerjee—led government and asked “Why the state government itself is not acquiring land on its own when the question of national security must be the uppermost concern ? Why are the state authorities not applying Section 40 of the Land Acquisition Act to acquire land close to the border”

Questioning the rationale behind dragging the feet on this serious issue of national importance, especially when the matter concerns security and safety of the international border with Bangladesh, the Hon’ble chief justice made a sharp jab at the Mamata Banerjee—led government and asked “Why the state government itself is not acquiring land on its own when the question of national security must be the uppermost concern ? Why are the state authorities not applying Section 40 of the Land Acquisition Act to acquire land close to the border ?”

While passing the interim submission, the division bench strictly ordered the state government to hand over the land already acquired by it and the land for which the central government had transferred the cost, to the BSF. The bench set a deadline of March 31, 2026 for actual implementation of the order.

State authorities have demonstrated little willingness towards acquisition of the land that falls within the state boundary, to facilitate expeditious construction of barbed wire fencing to stem across–the–border infiltration. The Chief Justice also rejected the state government’s plea of deferring the actual handover citing the process of ‘Social Impact Assessment’

Matter of Grave Concern; Chief Justice

According to Hon’ble Justice Pal, it is a matter of grave concern that despite being a part of the sensitive portion of the international border, the state authorities have demonstrated little willingness towards acquisition of the land that falls within the state boundary, to facilitate expeditious construction of barbed wire fencing to stem across–the–border infiltration.

BSF

The Chief Justice also rejected the state government’s plea of deferring the actual handover citing the process of ‘Social Impact Assessment’.

The bench observed that the Centre had already provided funds for acquisition of land sprawling 180 km along the international border. Besides, there are prolonged stretches of land where the necessary go–ahead for erection of barbed wire fencing from the Trinamool Congress government’s cabinet is pending approval.

Next Hearing on April 2

Under these circumstances, the bench has fixed April 2 next for an urgent hearing of the views of both the state and central governments as to whether those stretches can be acquired on an emergency basis keeping in view the perspective of India’s safety and security along the international border.

A bitter impasse has erupted in the wake of the Mamata Banerjee government’s refusal to hand over to the BSF the land acquired for construction of the barbed wire fencing along a vast stretch of the international border with Bangladesh

Actually, a bitter impasse has erupted in the wake of the Mamata Banerjee government’s refusal to hand over to the BSF the land acquired for construction of the barbed wire fencing along a vast stretch of the international border with Bangladesh. After months of persuasion, the BSF authorities moved the Calcutta High Court alleging non–cooperation and complete inaction of the West Bengal government in this matter, especially when the issue is extremely sensitive and fraught with India’s security. The High Court division bench heard the matter elaborately before passing the interim order. ■

Prasanta Paul served Deccan Herald as the Chief of Bureau, Calcutta for nearly two decades before switching to work with various TV channels such as Al-Jazeera, CNN, German TV and CBS. Mr. Paul who accompanied former Prime Minister Atal Behari Vajpayee on his overseas tour of Singapore and other Asian countries, travelled extensively to Bhutan, Sikkim and Darjeeling besides other Northeastern states.