NHAI Urges Supreme Court To Clarify Direction To Remove Stray Animals, Says Primary Responsibility With Local Administration
The Highway said that it does not have the budgetary allocation to set up animal shelters.
The National Highways Authority of India (NHAI) has approached the Supreme Court seeking clarification of its May 19, 2026 judgment in the stray animals matter, stating that the primary statutory responsibility for removing, impounding and sheltering stray animals on national highways rests with State authorities, local bodies and Highway Administrations, and not with NHAI independently.
Solicitor General of India Tushar Mehta mentioned the NHAI's application before the CJI for urgent lisitng. The Chief Justice agreed to list the matter before the special bench which passed the directions.
The application has been filed in the suo motu proceedings titled In Re: “City Hounded by Strays, Kids Pay Price. NHAI has specifically sought clarification of Direction G of the judgment, which requires it to formulate and implement, in coordination with States and Union Territories, a comprehensive mechanism to address stray cattle and other animals on National Highways and National Expressways.
Under the May 19 judgment, NHAI was directed to deploy specialised transport vehicles for safe handling and relocation of stray animals, create or earmark holding and shelter facilities, enter into arrangements with animal welfare organisations and gaushalas, and establish a monitoring and coordination framework.
NHAI has told the Supreme Court that these directions should not be construed as imposing an independent obligation on it to establish and operate animal shelters, gaushalas or transport fleets across the national highway network.
Statutory mandate confined to highways : NHAI says
The authority has relied upon the National Highways Authority of India Act, 1988 and the Control of National Highways (Land and Traffic) Act, 2002 to contend that its statutory mandate primarily concerns the development, maintenance and management of national highways and traffic-related functions.
The Control of National Highways (Land and Traffic) Act already provides a statutory mechanism for dealing with animals and other obstructions on highways. NHAI points out that Section 37 of the Act prohibits allowing an animal to stand or proceed on a highway without prescribed safety control and permits the Highway Administration to remove and detain an animal causing an obstruction.
NHAI further states that, pursuant to a Central Government notification dated October 29, 2025, District Magistrates have been appointed as Highway Administrations for the relevant stretches and are therefore the primary field authorities under the 2002 Act for removal of obstructions and encroachments.
The authority contends that a combined reading of the two statutes shows that the primary responsibility for physical removal, custody and sheltering of stray animals from national highways lies with Highway Administrations, State and local authorities, under the applicable legal framework.
'NHAI has no statutory mandate or budget for shelters'
NHAI has also submitted that establishment and operation of animal shelters would require specialised infrastructure and personnel for veterinary care, fodder, sanitation, disease surveillance and other functions which are outside its statutory mandate.
It has pointed out that the national highway network administered by NHAI, NHIDCL and State PWDs extends to approximately 1.46 lakh kilometres. According to NHAI, requiring it to establish shelters across this network would involve land identification or acquisition, construction, transport arrangements, fodder supply, maintenance and recruitment of specialised personnel.
The application further states that NHAI's existing budget is intended for highway development, operation and maintenance and debt servicing, and that there is no separate budgetary head for creating and maintaining animal shelters.
NHAI has also pointed to the constitutional and statutory framework under which animal management, including sterilisation and shelter, falls within the domain of State Governments and local bodies.
NHAI has stressed that it is not seeking dilution of the Supreme Court's road-safety directions. It says it is prepared to coordinate and facilitate removal of stray animals, identify vulnerable stretches, facilitate capture and transportation through the concerned authorities, and coordinate with States and gaushalas for shelter availability.
The authority has accordingly sought a clarification that it would coordinate, facilitate and, where feasible, provide contractual support to State Governments, Union Territories, municipal and Panchayati Raj bodies and Highway Administrations, which would bear the primary statutory responsibility for removal, impounding and sheltering of stray animals on national highways.
It has also sought a declaration that it should not be required to independently establish, own or operate cattle or animal shelters, holding facilities or transport fleets across national highways, while continuing to cooperate with State authorities to implement the Supreme Court's road-safety directions.
The application has been filed through Advocate-on-Record Nishant Awana.