Land Acquisition Delays in Border Fencing Projects
Source:The Hindu ↗
Why It Matters
Highlights the intersection of internal security and domestic policy, illustrating how Centre-State differences over land acquisition laws (like the LARR Act) can directly impact critical border infrastructure and national security.
Summary
The Ministry of Home Affairs highlighted in a 2023 Supreme Court affidavit that the Trinamool Congress-led West Bengal government's failure to adopt the central LARR Act, 2013 significantly delayed land acquisition for border fencing along the India-Bangladesh border. The state's reliance on its own Direct Land Purchase Policy lacked the 'urgency' provisions available under Section 40 of the central act, hindering national security projects. With a new state government taking charge, land transfers to the Border Security Force (BSF) for the remaining unfenced stretches are expected to be fast-tracked.
Key Points
- An MHA affidavit revealed that the West Bengal government's refusal to adopt the LARR Act, 2013 severely delayed land acquisition for India-Bangladesh border fencing.
- The state instead used a 2016 Direct Land Purchase Policy, causing prolonged delays even for crucial national security infrastructure.
- Section 40 of the LARR Act allows for the swift acquisition of land in cases of urgency for public purposes, a provision the MHA found lacking in the state's approach.
- Out of the 2,216.7 km border in West Bengal, around 1,647 km is fenced, with the rest awaiting land transfer to the BSF.
- The newly-elected BJP government in the state has promised to expedite the land transfer to the BSF within 45 days.
Important Terms
LARR Act, 2013
The 2013 national law replacing the 1894 Act, mandating fair compensation (up to 4x in rural areas), Social Impact Assessments, and mandatory rehabilitation for land acquisition.
UPSC context
GS II/III; primary framework for land-based infrastructure projects and balancing development with displaced persons' rights.
Section 40 (Urgency Clause)
A provision in the LARR Act allowing the government to bypass Social Impact Assessments and take land possession within 30 days for national defense or emergencies.
UPSC context
GS II/III; tests administrative law and the prioritization of national security over standard bureaucratic procedures.
Direct Land Purchase Policy (West Bengal)
West Bengal's 2016 policy favoring voluntary land purchase over compulsory acquisition; cited as a major delay for border fencing due to lack of urgency powers.
UPSC context
GS II; Case study for federalism and the friction between state land-use preferences and central security requirements.
Border Security Force (BSF)
India's 'First Line of Defence' under the MHA, tasked with guarding borders with Pakistan and Bangladesh against infiltration, smuggling, and cross-border crime.
UPSC context
GS III; mandate and operational challenges of Central Armed Police Forces (CAPFs).
Border Management
The strategy and infrastructure (fencing, lighting, surveillance) used to secure international boundaries and manage the movement of people and goods.
UPSC context
GS III; specific focus on porous borders and the technical/political barriers to complete fencing.
Ministry of Home Affairs (MHA)
The apex central ministry responsible for internal security, police forces, and the administrative coordination of border defense projects with states.
UPSC context
GS II; structure of the Union executive and its role in managing national crises.
Prelims Trap
The Union Government can unilaterally acquire land for border fencing without state involvement.
While 'international borders' is a Union subject, 'land' is a State subject. The Union relies heavily on state revenue machinery to physically acquire and transfer land.
Static Concepts Connected
What is the 'Urgency Clause' (Section 40) in the LARR Act, 2013?
- Defence Exemption: Allows fast-tracked land acquisition for defence, national security, or emergencies arising from natural calamities.
- SIA Waiver: The appropriate government can exempt these urgent projects from conducting the otherwise mandatory Social Impact Assessment (SIA).
- Premium Compensation: Displaced landowners are entitled to an additional 75% of the total calculated compensation amount under this clause.
How does the 'One Border, One Force' principle apply to India-Bangladesh borders?
- Primary Agency: The Border Security Force (BSF) is the primary guarding agency for the entire 4,096 km India-Bangladesh boundary.
- Infrastructure Dependency: While BSF constructs physical barriers and tech-fences (CIBMS), it depends entirely on state governments to legally acquire the land first.
Cross-Topic Patterns
Centre-State Friction in Border Infrastructure
Disputes over land acquisition mirror challenges in deploying central agencies, where state administrative cooperation acts as a chokepoint for national security mandates.
CIBMS & Riverine Terrain Overlaps
Delays in physical fencing often force reliance on the Comprehensive Integrated Border Management System (CIBMS) to secure complex, riverine, and unfenced stretches in West Bengal.
Expect a GS2/GS3 mains question on how Schedule 7 frictions over land acquisition directly compromise national border security grids.
Linked PYQs · 3
Linked PYQs · 3
- 2020MainsGS3
Analyze internal security threats and transborder crimes along Myanmar, Bangladesh and Pakistan borders including Line of Control (LoC). Also discuss the role played by various security forces in this regard.
- 2014MainsGS3
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has come into effect from 1st January, 2014. What are the key issues which would get addressed with the Act in place? What implications would it have on industrialization and agriculture in India?
- 2024MainsGS3
India has a long and troubled border with China and Pakistan fraught with contentious issues. Examine the conflicting issues and security challenges along the border. Also give out the development being undertaken in these areas under the Border Area Development Programme (BADP) and Border Infrastructure and Management (BIM) Scheme.
