NHAI seeks modification of SC order directing it remove strays from highways

In an oral mentioning before the Chief Justice Surya Kant, Solicitor General Tushar Mehta, appearing for NHAI, said the responsibility to discipline animals and cattle loitering on highways and roads, posing a danger to drivers, lay on the respective local authorities | Photo Credit: S. Gopakumar The National Highways Authority of India (NHAI) on Monday (September 21, 2026) told the Chief Justice of India that it cannot herd stray cattle and animals off public thoroughfares and find them shelter homes.In an oral mentioning before the Chief Justice Surya Kant, Solicitor General Tushar Mehta, appearing for NHAI, said the responsibility to discipline animals and cattle loitering on highways and roads, posing a danger to drivers, lay on the respective local authorities. The NHAI said compliance would entail expenditure of around ₹7,000 crore.Mr. Mehta said the liability over the strays was laid at the NHAI’s door by the Supreme Court in an order passed in November last year, directing States and Union Territories to “forthwith” remove stray dogs from the premises of educational institutions, hospitals, sports complexes, bus stands and depots, and railway stations, and relocate them “to a designated shelter” after due sterilisation and vaccination in accordance with the Animal Birth Control (ABC) Rules, 2023, framed under the Prevention of Cruelty to Animals Act, 1960.The November 2025 order was passed by a Bench headed by Justice Vikram Nath in suo motu proceedings against stray dog attacks. On Monday (September 21), the law officer requested the CJI to constitute the Bench to facilitate the NHAI to make its request for a modification of the direction.The Bench had taken note in the order that accidents involving cattle and other stray animals on public roads and highways were all too frequent. This finding had led to the conclusion and subsequent direction that the NHAI, along with transport and municipal authorities, should ensure the removal of cattle and other stray animals from highways.The apex court had directed that all such animals ought to be relocated to suitable shelters, gaushalas, or cattle pounds, where they are to be provided adequate food, water, and veterinary care. It had further instructed the authorities to establish dedicated highway patrol units to maintain continuous surveillance. These patrols, the court had said, must function around the clock and display helpline numbers prominently along highways to enable commuters to promptly report the presence of stray animals or accidents caused by them.“The Chief Secretaries of all States and Union Territories, together with the Chairperson, National Highways Authority of India, shall ensure strict enforcement of these directions through appropriate administrative orders and field-level monitoring. They shall hold the concerned officers personally accountable for lapses or recurring incidents in their respective jurisdictions,” the Bench had ordered in November last year. Published - September 21, 2026 11:59 am IST