Chhattisgarh High Court: In a public interest litigation filed regarding the menace of cattle roaming on roads and highways, the Division Bench of Ramesh Sinha, CJ., and Ravindra Kumar Agrawal, J., took note of the recent incidents of cattle death due to road accidents and directed the National Highway Authority of India (‘NHAI’) to file an affidavit regarding the measures taken by it concerning the stray cattle issue.
Background
The present petition was filed due to the menace of stray cattle wandering on the roads, thereby causing increased traffic, road accidents, and a threat to lives. The petitioner contended that the State had taken certain policy decisions to provide necessary infrastructure to accommodate such street cattle, but these decisions were not being properly implemented.
During the pendency of this petition, on the night of 14-07-2025, a herd of 17 cows was sitting on the Ratanpur Kenda Road when they were hit by an unknown vehicle in a rash and negligent manner, which resulted in the death of 14 cows.
The Court stated that despite various directions issued by the Court time and again, incidents of such nature were occurring frequently, which was a matter of grave concern. Thus, vide the last order dated 16-07-2025, the Court directed the Chief Secretary of Chhattisgarh to file an affidavit on the aforementioned incident as to whether any person/ authority had been held responsible for the lapses which resulted in the accident and to enquire as to who was responsible.
In compliance with the last order, an affidavit was filed by the Chief Secretary stating the following:
- Reports by Collector and SP, Bilaspur, on the aforementioned incident: The Collector informed that a three-member enquiry team was constituted under the chairmanship of Sub-Divisional Officer (Revenue) Kota. The enquiry report stated that a police report had been registered regarding the incident under Sections 281, 325, and 291 Bhartiya Nyaya Sanhita, 2023, against the unknown driver and the unknown cattle owners. The enquiry team visited the spot and inspected the incident site. As per the statements of the villagers, the cows were strays. Since the incident took place at night, there were no eyewitnesses, and the information about the vehicle was also unclear in the available CCTV footage. The Senior Superintendent of Police (‘SSP’), in his report, stated that there were 8 vehicles that were being investigated for the crime, and the villagers were being questioned to identify the cattle owner.
- Formation of Joint Team: A joint team had been formed by the District Administration to prevent such incidents, and villagers were informed that strict action would be taken if the cattle were left unclaimed. Furthermore, the Municipal Corporation, Bilaspur (‘MCB’), was registering FIRs against the cattle owners who had left their animals in the city.
- Radium strips had been installed on more than 2,000 cattle in urban and rural areas.
- Corrective measures for urban areas: The MCB Commissioner, in his report, stated that the main spots, where stray cattle usually gathered, had been marked. Stray cattle were being sterilized with the help of the Animal Husbandry Department and handed over to needy animal keepers and animal shelters. A helpline number had also been issued for complaints regarding stray cattle sitting on roads. Under the Cattle Trespass Act, 1871, punitive and penalty action was also being taken against the cattle owners. Efforts were being made to change the behaviour by conducting a door-to-door survey of animal owners and making announcements through loudspeakers.
- Corrective measures for rural areas: The Chief Executive Officer, District Panchayat Bilaspur, reported that to ensure proper management, and arrangement of proper monitoring stray animals from problematic national/state highways and main roads under the rural areas of Bilaspur, each development block had been divided zone wise and a monitoring team had been formed in each Gram Panchayat. Settlement sites were being selected to keep the animals, and new animal sheds were being constructed.
- Action Plan: The Joint Director, Veterinary Services, Bilaspur, prepared an action plan and was implementing it. According to the plan, the caught animals were being distributed to animal keepers of the Baiga/Birhor Tribe residing in rural areas. Further, cluster-wise teams were being formed for the sterilization of stray animals. A proposal had been sent to the Director, Veterinary Services, for the establishment of lease-deed-based cluster cow shelters in departmental/government land under the Veterinary Department.
- Signboards had been installed at sensitive places marked along the road, and a platform was being constructed for the National Stray Animal Holding Area.
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Chief Minister’s Action: The Chief Minister had convened a high-level meeting in this regard and directed the development of effective and practical models for the management of animals, especially in the villages located along the national highways.
Analysis
At the outset, the Court noted that on the day of the present hearing, another incident was reported wherein seven cattle died on the national highway.
Accordingly, the Court directed the Project Director of the NHAI to file an affidavit regarding the measures taken by the NHAI concerning stray cattle found on the roads. The Court remarked that the measures taken by the State and the NHAI were insufficient, as such incidents were still occurring. Furthermore, the Court directed NHAI to take measures to spread awareness that the public should be cautious while driving. The State was directed to take effective measures promptly, as stated by the Chief Secretary in his affidavit.
The Court noted that there were shops beside the Pendridih bypass, wherein a large number of vehicles, including heavy trucks, were parked for refreshments, repairs, etc. These shops were being given on rent by the Gram Panchayat, Pendridih. Accordingly, the Court directed the impleadment of the said Gram Panchayat and directed the Gram Panchayat to ensure that the aforementioned shops did not allow the truck owners or any other persons to stop there. Further, the Gram Panchayat was directed to arrange another place for the said shops.
Furthermore, the District Magistrate (‘DM’), Bilaspur, was directed to file an affidavit regarding the averments made by one of the intervenors. The Court also directed the DM to ensure that there is no traffic congestion due to the shops at the Pendridih bypass, and no antisocial activities were allowed to continue. The Court remarked that previously, an order had been passed directing that there should be no encroachment under the bridge near Pendiridih bypass. Remarking this, the Court added that it hoped and trusted that the place under the said bridge was cleaned and beautified with sufficient street lights.
Lastly, the Court was informed that the State had already considered the measures suggested by another intervenor. Further, a meeting had been arranged, public suggestions had been sought, a statement of purpose had been issued, and financial aid had been given to 63 private Gaushalas.
Thus, the matter was listed for 19-08-2025 for further monitoring.
[Sanjay Rajak v. State of Chhattisgarh, WPPIL No. 58 of 2019, decided on 31-07-2025]
Advocates who appeared in this case:
For the petitioner: Amit Soni,
For the respondent: Advocate General Prafull N. Bharat, Additional Advocate General Yashwant Singh Thakur, Dhiraj Kumar Wankhede, Deputy Solicitor General Ramakant Mishra, Central Government Counsel Tushar Dhar Diwan, Advocates Bhupendra Singh, Anuroop Panda, Dr. Sudeep Agrawal, Swati Agrawal, Chetna Sharma, Shruti Pramar, A.S. Kachhawaha, Sourabh Sharma, Avinash K. Mishra, and Ashish Tiwari
For the intervenors: Advocates Goutam Khetrapal, Intervenors in Person Ramakant Pandey and Rajkumar Mishra
