New Delhi, September 21: The National Highways Authority of India (NHAI) on Monday approached the Supreme Court seeking clarification on directions issued in its May 19 judgment concerning stray animals on national highways and expressways.
The application was mentioned for urgent listing before a bench headed by Chief Justice of India Surya Kant by Solicitor General Tushar Mehta. The CJI agreed to place the matter before the special Bench that had issued the original directions.
The NHAI has sought clarification on the scope of its responsibility, contending that the primary statutory duty to remove, impound and shelter stray animals rests with State authorities, local bodies and designated Highway Administrations, and not independently with the highway authority.
The plea concerns a direction in the May 19 judgment requiring the NHAI to coordinate with States and Union Territories and establish measures to address the presence of stray cattle and other animals on highways. These measures included specialised vehicles, holding facilities, shelters and arrangements with animal welfare organisations and gaushalas.
The NHAI has submitted 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 covers the development, maintenance and management of national highways.
It has also relied on Section 37 of the 2002 Act, which provides for the removal and detention of animals causing obstruction on highways.
According to the authority, District Magistrates were notified as Highway Administrations for the relevant stretches in October 2025 and, therefore, constitute the primary field-level authorities under the statutory framework.
The NHAI has said it is prepared to coordinate and facilitate the removal and transportation of stray animals and work with State governments, local bodies, gaushalas and animal welfare organisations. However, it has argued that it should not be required to independently establish or operate shelters, gaushalas or dedicated transport fleets across the country's extensive national highway network.
The authority has also highlighted the scale of the national highway network, which spans around 1.46 lakh kilometres. It said establishing and maintaining shelters across such a vast network would require substantial specialised infrastructure, manpower and funding beyond its existing statutory and budgetary mandate.
The application seeks clarity on the respective responsibilities of the NHAI and other statutory authorities in implementing the Supreme Court's directions on stray animals and highway safety.
