SC to consider NHAI plea seeking clarity on stray animal directions

Solicitor General Tushar Mehta mentioned the application before a bench headed by Chief Justice of India Surya Kant for urgent listing.

The CJI agreed to place it before the special Bench that had passed the original directions.

NHAI has sought clarification that the primary statutory responsibility for removing, impounding and sheltering stray animals lies with State authorities, local bodies and designated Highway Administrations, and does not independently fall on NHAI.

The plea related to a direction of the May 19 judgment, under which NHAI was asked to coordinate with States and Union Territories and put in place measures including specialised vehicles, holding facilities, shelters and arrangements with animal welfare organisations and gaushalas (cow shelters).

NHAI contended that its statutory mandate under the National Highways Authority of India Act, 1988 and the Control of National Highways (Land and Traffic) Act, 2002 primarily concerns the development, maintenance and management of highways. It has also pointed to Section 37 of the 2002 Act, which provides for removal and detention of animals causing obstruction on highways.

According to NHAI, District Magistrates were notified as Highway Administrations for relevant stretches in October 2025 and are therefore the primary field authorities under the statutory framework.

The authority has said it is willing to coordinate and facilitate the removal and transportation of stray animals and work with States, local bodies and gaushalas, but should not be required to independently establish or operate shelters, gaushalas or transport fleets across the country's national highway network.

NHAI has also cited the scale of the highway networkaround 1.46 lakh kilometresand said creating shelters across it would require substantial specialised infrastructure, manpower and funding beyond its existing statutory and budgetary mandate. (ANI)