The Supreme Court on Monday agreed to constitute a special Bench to hear an application moved by the National Highways Authority of India (NHAI) challenging a direction requiring it to establish shelter homes for stray cattle across the country.
The application was mentioned before a Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana by Solicitor General Tushar Mehta, appearing for the NHAI. Mehta submitted that implementing the direction on a pan-India basis would entail an expenditure of approximately ₹7,000 crore.
The Solicitor General argued that the responsibility for setting up shelters for stray cattle should instead lie with the concerned district-level and local administrations. He submitted that the NHAI, as a national highway infrastructure authority, could not be expected to undertake such an exercise across the country.
“There is a matter concerning stray dogs. I am moving an application on behalf of NHAI,” Mehta told the Bench, referring to the broader proceedings concerning management of stray animals.
Mehta further sought constitution of a special Bench comprising Justices Vikram Nath, Sandeep Mehta and N.V. Anjaria to consider the NHAI’s application. He pointed out that such a Bench could not be constituted without an order from the Chief Justice.
Chief Justice Surya Kant responded, “We will constitute,” thereby agreeing to facilitate the constitution of the special Bench for consideration of the NHAI plea.
The proceedings form part of the Supreme Court’s continuing consideration of measures concerning stray dogs and cattle and the obligations of various government authorities. The Court has previously issued directions concerning the creation of infrastructure for the management and sheltering of stray animals.
The NHAI’s application brings into focus the question of institutional responsibility for stray cattle management, as well as the financial implications of imposing nationwide shelter-building obligations on a central infrastructure agency. Recent court proceedings have also recorded substantial measures undertaken by authorities for removing stray cattle from highways, identifying vulnerable stretches and establishing cattle shelters.
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