SC to set up special bench to hear NHAI plea against direction to build shelters for stray cattle

The Supreme Court on Monday agreed to constitute a special bench to consider the National Highways Authority of India’s challenge to a direction requiring it to build shelters for stray cattle across the country, a measure the highway authority says could cost around Rs 7,000 crore.

The matter 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 told the court that the highway authority had been directed by a special bench headed by Justice Vikram Nath to establish shelters for stray cattle across India. The NHAI, however, has argued that setting up and operating such facilities should fall within the responsibility of local authorities rather than the national highway agency.


"Our case is that it should be done by the local district-level administration. We cannot do it pan India," Mehta said.

According to the NHAI, implementing the direction nationwide would require expenditure of approximately Rs 7,000 crore.

NHAI seeks reconstitution of special bench

Mehta also sought the reconstitution of the special bench comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria to take up the NHAI's application.

"There is a matter concerning stray dogs. I am moving an application on behalf of NHAI," the solicitor general told the court.

He pointed out that the special bench could not be constituted without a specific direction from the Chief Justice of India.

"We will constitute," the CJI said, agreeing to the request.

The development came during proceedings related to the management of stray dogs and cattle, including questions over measures to deal with stray animals and the responsibilities of different government authorities.

The NHAI's application puts the question of responsibility at the centre of the dispute, with the highway authority maintaining that the construction of cattle shelters across the country should be undertaken by district-level administrations rather than the NHAI.