Archive · 21 Sep 2026
NHAI Seeks Supreme Court Clarity on Stray Animal Duties
The Supreme Court gave directions for keeping stray animals off national highways.
NHAI has asked the Court to explain exactly who must care for the animals after they are removed.
NHAI says state authorities, local bodies and Highway Administrations should have the main responsibility.
The authority says its main job is building, maintaining and managing highways.
The Court’s directions also mention special vehicles, holding facilities, shelters and cooperation with animal welfare groups.
NHAI says creating these facilities across about 1.46 lakh kilometres would be a very large and expensive task.
It says its current budget does not include a separate fund for animal shelters.
NHAI is willing to help coordinate removals and transportation.
It wants the Court to distinguish road-safety work from running animal-care facilities.
NHAI has asked the Supreme Court to clarify its May 19, 2026, directions on stray animals on highways.
The authority says state governments, local bodies and notified Highway Administrations should primarily remove, impound and shelter the animals.
NHAI argues its statutory role mainly covers national-highway development, maintenance, management and traffic-related functions.
It says nationwide shelters, specialised vehicles and related facilities would require substantial infrastructure, staffing and funding beyond its current mandate and budget.
NHAI says it will coordinate removals, support transportation and work with states and gaushalas while seeking to avoid independent long-term animal custody.
- Who
- The National Highways Authority of India, represented by Solicitor General Tushar Mehta, moved the Supreme Court.
- What
- NHAI sought clarification of directions requiring arrangements for removing, transporting, holding and sheltering stray animals on national highways and expressways.
- When
- The application was mentioned on Monday and concerns the Supreme Court’s May 19, 2026, directions; the filing date is not specified.
- Where
- The matter is before the Supreme Court in the suo motu proceedings titled In Re: City Hounded by Strays, Kids Pay Price.
- Why
- NHAI says primary responsibility belongs to state authorities, local bodies and notified Highway Administrations, while its statutory mandate and budget focus on highways.
NHAI’s Interpretation
Supreme Court’s Earlier Directions
Primary responsibility
NHAI’s Interpretation
NHAI says state authorities, local bodies and notified Highway Administrations should primarily remove, impound and shelter stray animals.
Supreme Court’s Earlier Directions
The May 19 directions require NHAI to formulate and implement, with states and Union Territories, a comprehensive mechanism for stray animals on national highways and expressways.
Shelters and transport facilities
NHAI’s Interpretation
NHAI says it should not independently establish, own or operate nationwide shelters, gaushalas, holding facilities or specialised transport fleets.
Supreme Court’s Earlier Directions
The earlier directions call for specialised vehicles, holding and shelter facilities, and arrangements with animal welfare organisations and gaushalas.
Extent of NHAI’s involvement
NHAI’s Interpretation
NHAI says it can coordinate removals, facilitate transportation and provide support without assuming long-term custody or animal-care operations.
Supreme Court’s Earlier Directions
The directions place coordination and implementation obligations on NHAI, with the precise division of responsibilities now being presented for clarification.
- Judgment at issue
- Supreme Court directions dated May 19, 2026
- Proceedings
- In Re: City Hounded by Strays, Kids Pay Price
- NHAI request
- Clarification that state authorities, local bodies and Highway Administrations bear primary responsibility for removal, impounding and sheltering
- Highway network cited
- Approximately 1.46 lakh kilometres
- Relevant laws
- National Highways Authority of India Act, 1988, and Control of National Highways (Land and Traffic) Act, 2002
- Statutory provision cited
- Section 37 of the 2002 Act addresses animals obstructing highways and permits their removal and detention
- NHAI’s proposed role
- Coordinate and facilitate removal and transportation, identify vulnerable stretches and work with states and gaushalas
