State Liability for Stray Cattle Attacks and Maintainability of Writ Petitions for Compensation
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Case: NISHA v. MUNICIPAL COUNCIL SANGRUR
Court: Supreme Court of India
Date: 31-07-2026
Law: Constitution of India, Law of Torts, Prevention of Cruelty to Animals Act, Motor Vehicles Act.
Highlights of the Judgment:
- Maintainability of writ petitions under Article 226 seeking compensation for death or injury caused by stray cattle.
- Rejection of automatic application of Motor Vehicles Act, 1988 principles to non-vehicular animal attack compensation claims.
- Analysis of State duties and constitutional mandates under Article 48 and Article 51-A(g) regarding animal welfare.
- Survey of statutory frameworks governing stray bovine management, including the Cattle Trespass Act, 1871 and Prevention of Cruelty to Animals Act, 1960.
- Exercise of plenary powers to award compensation where long efflux of time renders alternative civil remedies ineffective.
- Directives to Central and State Governments mandating cattle tagging, establishment of animal shelters, and policy frameworks for victim compensation.