Kolkata, Jan 27 The Calcutta High Court has issued a major directive regarding the construction of a barbed-wire fence along the India-Bangladesh international border in West Bengal.
On Tuesday, a division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen ordered the state government to hand over land to the Border Security Force (BSF) for the construction of the fence in nine districts bordering Bangladesh by March 31, said high court sources.
It may be noted that the central government has already provided the funds for this land acquisition, and the acquisition process has been completed. However, the land has not yet been handed over.
The High Court on Tuesday directed the state government to transfer the land as quickly as possible. The court also made it clear that the state cannot use the excuse of the Special Intensive Revision (SIR) process in this matter.
Furthermore, regarding the land acquisition that has not yet received the state cabinet's approval, the court will hear arguments from both the central and state governments.
Considering the national security of the country, all parties have been directed to submit affidavits on whether land along the border can be acquired on an emergency basis according to the law. The next hearing in this case is scheduled for April 2.
A public interest litigation (PIL) was filed by former army officer Dr Subrata Saha regarding the state's negligence in constructing the barbed-wire fence along the India-Bangladesh border.
He alleged that illegal smuggling and infiltration are rampant through the portion of the India-Bangladesh border located in this state, and held the state government responsible for this.
In the last hearing of this case, the division bench of the Calcutta High Court, comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, had directed the Principal Secretary of the state's Land Acquisition Department to submit an affidavit.
On Tuesday, the state government informed the court that the 181 kilometres of land for which the central government has provided funds for the construction of the barbed-wire fence along the India-Bangladesh border would be handed over to the BSF by March.
After hearing the arguments of all parties, the Chief Justice's division bench set March 31 as the deadline.
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