The Bombay High Court has sharply criticised the Maharashtra FDA for refusing to restore the licences of five restaurants operating at the Mumbai Cricket Association complex in Bandra-Kurla Complex, despite a fresh inspection finding them largely compliant with food safety norms.
The Bombay High Court allowed five restaurants at the Mumbai Cricket Association complex in BKC to reopen after criticising the Maharashtra FDA's handling of the licence suspension case.
Do You Feel You Are A Lord?'
“How many times should we try to convince and balance equities so that the department does not feel discouraged? Why do we say 'don't kill a mosquito with a sword'? Do you feel you are a lord and you can do anything?” the HC asked.
Hearing a petition filed by the MCA, a division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad warned FDA officials of possible contempt proceedings, saying the department had ignored the court's earlier directions and adopted a "pedantic instead of pragmatic" approach.
The dispute stems from the FDA's recent crackdown on food establishments across Maharashtra under Commissioner Tukaram Mundhe. Last week, the FDA suspended the licences of five eateries operating within the MCA premises, citing hygiene concerns and issues relating to the entities operating the outlets.
The action came amid a wider state-wide drive against food safety violations that has seen inspections and enforcement measures at restaurants, hotels and food outlets across Maharashtra.
At an earlier hearing, the High Court had praised Mundhe's efforts to improve food hygiene standards but directed the FDA to carry out a fresh inspection and reconsider the matter objectively. The court had also stressed that enforcement should be consistent and not arbitrary.
A fresh inspection conducted on Thursday reportedly found the restaurants to be 88 per cent compliant with food safety requirements. Despite this, the FDA continued with the suspension, arguing that the outlets were being operated by M/s Shirke Infrastructure while the food licences were issued in the name of the MCA.
The court expressed strong displeasure over the department's stand. Observing that the FDA had failed to properly apply its mind to the issue, the bench said it was "tired of scolding the department and officers" and warned that contempt action could be initiated against those responsible.
The judges asked why the department had acted with what they described as "undue haste" without fully examining the legal position.
During Saturday's hearing, the FDA informed the court that it would issue a fresh notice to the MCA regarding its contractual arrangement with Shirke Infrastructure, provide an opportunity for a hearing and then pass a reasoned order.
Accepting the undertaking, the High Court vacated the suspension orders and allowed the five restaurants to reopen. The bench noted that the latest inspection had found the eateries substantially compliant with food safety norms and observed that there was no legal provision preventing them from resuming operations.
The ruling marks a setback for the FDA in one of the most high-profile cases arising from its recent enforcement drive.
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