Mumbai
oi-Swastika Sruti
The Bombay High Court has strongly criticised Maharashtra’s Food and Drugs Administration (FDA) over its decision to suspend the food licences of five restaurants operating from the Mumbai Cricket Association (MCA) premises in BKC.
The Bombay High Court set aside Maharashtra FDA’s suspension of five restaurants’ food licences at the MCA’s BKC premises, criticizing the regulator’s pedantic approach and warning officials after a new inspection reported 88% compliance.
The court set aside the suspension orders and allowed the outlets to reopen, while questioning the manner in which the food regulator handled the matter.
The bench also warned that contempt proceedings could be initiated against officials after finding that the FDA had not followed an earlier direction to take a more practical approach.
Bombay HC Questions FDA’s Approach
A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad expressed strong displeasure with the FDA’s decision.
According to a News18 report, the court said the department had adopted a “pedantic instead of pragmatic” approach despite the court having earlier asked it to reconsider the matter.
The judges questioned why the department continued with the suspension even after a fresh inspection showed that the restaurants were 88 per cent compliant with food safety requirements.
‘Do You Think You’re A Lord?’
During the hearing, the bench sharply questioned the officials over their conduct.
The court asked why the department had acted with what it considered undue urgency without properly examining the legal position.
The judges also questioned how many times the court would need to intervene to balance the interests of all parties.
In a pointed remark directed at the officials, the bench asked:
“Do you feel you are a lord and you can do anything?”
The court also warned that failure to comply with its directions could lead to contempt proceedings.
Why Were The Five Restaurants’ Licences Suspended?
The dispute began after the Maharashtra FDA took action against five restaurants at the MCA’s BKC premises over alleged hygiene violations and questions about their operation.
The food licences were issued in the name of the MCA. However, the FDA argued that the restaurants were actually being operated by M/s Shirke Infrastructure, raising questions about the legal arrangement.
The MCA challenged the suspension before the Bombay High Court.
Fresh Inspection Found 88% Compliance
During the proceedings, the High Court had asked the FDA to examine the issue from a more practical perspective.
A fresh inspection was subsequently conducted, but the department continued with the suspension orders.
The court took exception to this decision, particularly in light of the inspection report indicating 88 per cent compliance with food safety requirements.
The bench ultimately set aside the suspension orders and permitted the five outlets to reopen.
FDA Has Intensified Food Safety Crackdown
The court’s criticism comes at a time when Maharashtra’s FDA has stepped up inspections across the state.
Since Tukaram Mundhe took charge as FDA Commissioner around three months ago, the department has intensified action against restaurants, food companies, dairies and other establishments over alleged violations.
Several businesses have faced suspension or cancellation of licences over allegations involving poor hygiene, expired products, food adulteration and other food safety concerns.
The crackdown has also extended to establishments linked to major institutions and government-run facilities.
FDA Team Inspects Bombay HC Canteen
The FDA’s increasingly aggressive approach also attracted attention after an inspection of the Bombay High Court canteen.
The inspection took place a day after the High Court had criticised the FDA Commissioner in another matter involving action against a hotel.
The timing of the inspection drew attention and added to the debate over the department’s approach to enforcement.
