Who should shelter stray cattle? NHAI takes ₹7,000-crore question to SC

New Delhi: The Supreme Court has agreed to constitute a special Bench to hear the National Highways Authority of India’s challenge to a direction requiring it to establish shelters for stray cattle across the country, with the NHAI estimating the cost of compliance at around ₹7,000 crore.

The development came during an oral mentioning before a Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana on Monday. Solicitor General Tushar Mehta, appearing for the NHAI, sought the constitution of a special Bench to consider the authority’s application.

Mehta argued that responsibility for dealing with stray cattle and animals on public roads should rest with the relevant district-level and local authorities. He said the NHAI, whose primary role is developing and managing national highway infrastructure, could not be expected to establish cattle shelters across the country.

₹7,000 crore cost cited by NHAI

The NHAI told the Supreme Court that complying with the direction on a pan-India basis would involve expenditure of approximately ₹7,000 crore.

The authority's objection therefore involves both the scope of its institutional responsibility and the financial implications of requiring a national highway agency to establish shelters nationwide. The NHAI has argued that local administrations are better placed to manage animals and cattle found on roads and highways.

Supreme Court agrees to special Bench

The Solicitor General sought reconstitution of a special Bench comprising Justices Vikram Nath, Sandeep Mehta and N. V. Anjaria, which had earlier dealt with the issue and directed the NHAI to establish shelters for stray cattle.

Mehta told the Chief Justice that such a Bench could not be constituted without an order from the Chief Justice. CJI Surya Kant responded, “We will constitute.”

The special Bench will now consider the NHAI's application challenging or seeking modification of the earlier direction.

Issue linked to stray animal management

The proceedings form part of the Supreme Court's broader consideration of measures relating to stray animals, including stray dogs and cattle. The court has previously considered the responsibilities of government authorities in managing animals that pose risks on public roads and highways.

The NHAI's plea brings a specific institutional question before the court: which authority should bear responsibility for removing stray cattle from highways and providing them with shelter.

Why the case matters

Stray cattle on highways can create road-safety risks, particularly on stretches where animals enter carriageways or remain close to fast-moving traffic. The case also raises questions about how responsibilities should be divided between a central highway authority and local administrations.

The ₹7,000-crore estimate cited by the NHAI puts the financial scale of nationwide implementation at the centre of the dispute. The special Bench's consideration will determine how the earlier direction is interpreted and whether the responsibility placed on the NHAI should be modified.

The Supreme Court has not, through Monday's proceedings, cancelled the earlier direction requiring action on stray cattle shelters. It has agreed to facilitate a special Bench to hear the NHAI's application.

The key issues before the special Bench are expected to include the NHAI's statutory role, the responsibility of local and district administrations, the practical feasibility of establishing shelters nationwide and the financial implications of such a requirement.

Until the application is considered by the special Bench, the earlier direction remains the subject of the NHAI's challenge. The case could therefore clarify how responsibility for stray cattle management on national highways is divided between central and local authorities.