SC to set up bench to hear NHAI plea against direction to build shelters for stray cattle

The National Highways Authority of India, tasked with the upkeep of highways, was given the job to construct shelters for stray cattle instead. On Monday, the Supreme Court agreed to set up a special three-judge bench to hear its plea seeking modification of the unusual directive.

“Our case is that it should be done by the local district-level administration. We cannot do it pan-India,” Solicitor General Tushar Mehta, appearing for the NHAI, said before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana. The National Highways Authority of India (NHAI), in its plea, said that the primary statutory responsibility for removal, impounding and sheltering of stray cattle rested with state authorities and local bodies.

Moreover, the setting up of shelter homes would involve an expenditure of approximately Rs 7,000 crore, the Solicitor General said, urging the CJI to set up the bench which had delivered the May 19 verdict containing the impugned direction.

The CJI agreed to list the matter before the special bench. On May 19, a bench of Justices Vikram Nath, Sandeep Mehta and N V Anjaria had delivered a significant verdict and allowed euthanasia of rabid, incurably ill, dangerous and aggressive dogs to curb threat to human lives. 

It laid down a broader framework for addressing the presence of stray animals on highways and public premises, linking effective management of the problem with public safety and the right to life under Article 21.

It had also said that the NHAI, in coordination with states, shall formulate and implement a comprehensive and time-bound mechanism for addressing the presence of stray cattle and other animals on national highways.

In the fresh application, filed in the suo motu proceedings titled ‘In Re: City Hounded by Strays, Kids Pay Price’, the NHAI has specifically sought clarification of the direction which requires it, in coordination with states and UTs, to formulate and implement a comprehensive mechanism to deal with stray cattle and other animals on national highways.

The NHAI said that these directions should not be interpreted as imposing an independent obligation on it to establish, own or operate animal shelters, ‘gaushalas’, holding facilities or dedicated transport fleets across the national highway network.

It has relied on the National Highways Authority of India Act, 1988 and the Control of National Highways (Land and Traffic) Act, 2002, saying that its statutory mandate primarily relates to the development, maintenance, management and regulation of national highways and traffic-related functions. 

The NHAI said that the designated highway administrations, along with state and local authorities, are the primary field-level agencies responsible under the existing statutory framework for removal and custody of animals obstructing highways.