NHAI seeks Supreme Court clarity on stray animal duties on highways

The National Highways Authority of India (NHAI) has requested the Supreme Court to clarify its May 19 judgment concerning stray animals on national highways and expressways.On Monday, Solicitor General Tushar Mehta submitted the application before a bench led by Chief Justice of India Surya Kant, who agreed to refer the matter to the special bench that issued the original directives.In its plea, NHAI sought clarification that the primary statutory duty for removing, impounding, and sheltering stray animals rests with State authorities, local bodies, and designated Highway Administrations, and does not independently lie with NHAI.The application challenges the May 19 judgment’s directive for NHAI to coordinate with States and Union Territories and implement measures such as specialised vehicles, holding facilities, shelters, and arrangements with animal welfare organisations and gaushalas (cow shelters).NHAI stated its statutory mandate under the National Highways Authority of India Act, 1988 and the Control of National Highways (Land and Traffic) Act, 2002 involves the development, maintenance, and management of highways. It also referred to Section 37 of the 2002 Act, which allows for removal and detention of animals causing obstructions on highways.The authority highlighted that District Magistrates were notified as Highway Administrations for relevant stretches in October 2025 and thus represent the primary field authorities according to the statutory framework.While expressing willingness to coordinate and facilitate the removal and transportation of stray animals in collaboration with States, local bodies, and gaushalas, NHAI argued it should not be obligated to independently establish or manage shelters, gaushalas, or transport fleets nationwide.NHAI also emphasised the extensive scale of the national highway network—approximately 146,000 kilometres—and noted that creating shelters along it would require significant specialised infrastructure, manpower, and funding beyond its current statutory and financial remit.