NEW DELHI, Sep 21: The Supreme Court on Monday agreed to constitute a special bench to consider a plea filed by the National Highways Authority of India (NHAI) challenging a direction requiring it to establish shelters for stray cattle across the country.
The matter was raised before a bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana. Solicitor General Tushar Mehta, appearing for the NHAI, requested that the application be placed before a specially constituted bench.
Mehta told the court that an earlier special bench headed by Justice Vikram Nath had directed the highway authority to establish shelter homes for stray cattle, even though such facilities would ordinarily fall within the responsibilities of local authorities.
According to the NHAI, implementing the direction throughout the country could involve an estimated expenditure of around Rs 7,000 crore. The authority has maintained that it does not have the mandate or administrative structure to undertake such a nationwide responsibility.
“Our case is that it should be done by the local district-level administration. We cannot do it pan India,” the Solicitor General submitted.
Mehta also sought the reconstitution of the special bench comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria to hear the NHAI’s application.
The Solicitor General referred to proceedings involving the management of stray animals while seeking consideration of the authority’s plea. He told the court that the matter concerned both stray dogs and cattle and that he was moving an application on behalf of the NHAI.
The Chief Justice observed that a special bench could not be constituted without a specific direction from the Chief Justice of India. The court subsequently agreed to constitute the bench.
The development took place during proceedings concerning measures for dealing with stray dogs and cattle and determining the responsibilities of various government agencies.
The NHAI’s challenge raises questions about the division of responsibilities between central infrastructure agencies and local administrations in managing stray cattle. The authority’s position is that district-level bodies are better placed to establish and operate shelters because of their local administrative responsibilities.
The estimated financial burden has also emerged as a key issue. The NHAI has placed the potential cost of implementing the direction across the country at approximately Rs 7,000 crore, making the scope and funding of the proposed shelters an important part of its challenge.
The Supreme Court’s decision to constitute a special bench will allow the authority’s objections to be examined in the context of the earlier directions. The proceedings are expected to address the NHAI’s statutory role, the responsibilities of local administrations and the practical implications of establishing cattle shelters on a nationwide scale.
The case forms part of the Supreme Court’s broader consideration of measures concerning stray animals and the duties of government authorities in addressing issues involving public safety, animal management and infrastructure.