India


SC to consider NHAI plea seeking clarity on its direction relating to stray animals on highways

Parmod Kumar
New Delhi, Sep 21 (UNI) The National Highways Authority of India (NHAI) on Monday moved the Supreme Court seeking clarification of its May 19, 2026 directions on stray animals, contending that requiring it to create and operate shelters, specialised transport facilities and related infrastructure across the national highway network would go beyond its statutory role and entail substantial manpower and financial commitments outside its existing mandate and budgetary framework.

Solicitor General Tushar Mehta mentioned the application before a bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, seeking its urgent listing. The CJI agreed to place the matter before the special bench that had issued the earlier directions.

In its plea, NHAI has sought clarification that the primary responsibility for removing, impounding and sheltering stray cattle and other animals rests with State authorities, local bodies and notified Highway Administrations, and does not vest in NHAI.

The application flags a direction in the May 19 judgment asking NHAI to coordinate with States and union Territories and put in place arrangements such as specialised vehicles, holding facilities, shelters and tie-ups with animal welfare organisations and gaushalas.

NHAI has submitted that its functions under the National Highways Authority of India Act, 1988, and the Control of National Highways (Land and Traffic) Act, 2002, are primarily related to development, maintenance and management of national highways. It has also referred to Section 37 of the 2002 Act, which deals with removal and detention of animals obstructing highways.

According to the authority, District Magistrates were notified in October 2025 as Highway Administrators for the relevant stretches and therefore constitute the principal field-level authorities under the statutory scheme.

NHAI has said it is prepared to coordinate with States, local bodies and gaushalas and facilitate removal and transportation of stray animals, but should not be required to independently establish and run shelters, gaushalas or transport fleets nationwide.

It has pointed out that the national highway network extends to about 1.46 lakh kilometres and argued that creating such facilities across this vast network would require substantial specialised infrastructure, personnel and funding beyond its present statutory and budgetary mandate.
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