Bombay High Court slams FDA for ‘undue haste’, lifts suspension of 5 MCA food outlets

The Bombay High Court on Saturday set aside the Maharashtra Food and Drugs Administration's (FDA) orders suspending the food licences of five restaurants on the Mumbai Cricket Association's (MCA) premises in BKC.

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad allowed the eateries to reopen, while the FDA can separately examine issues concerning their operation by a third party, reported News18.

The court criticised the FDA for taking what it described as an overly rigid approach and acting without adequately considering the circumstances of the case.

Court questions FDA's approach

The MCA had approached the high court after the FDA suspended the restaurants' operations over alleged hygiene violations and irregularities concerning their third-party management.

A subsequent inspection found the outlets to be 88% compliant with food safety requirements. However, the FDA continued with the suspension, citing concerns that the restaurants were being operated by M/s Shirke Infrastructure even though their licences were held in the MCA's name.

The bench said the FDA had failed to follow an earlier direction to take a pragmatic approach.

“Despite clearly saying this, the FDA has disobeyed our order and taken a pedantic view instead of a pragmatic view. We are tired of scolding the department and officers all the time. It is now time to pass stinging orders. We will issue contempt action against the concerned officers. Let them convince us or go to jail," it said.

‘Do you feel you are lord?’

The judges also questioned the urgency with which the FDA had proceeded against the restaurants, particularly after the fresh inspection.

“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?" it asked.

The court's intervention means the five outlets can resume operations while the FDA separately looks into the questions surrounding their management and licensing arrangements.

FDA crackdown on food safety violations

The case comes against the backdrop of a wider food safety drive by the FDA across Maharashtra.

In recent weeks, the department has issued several notices to food businesses and conducted inspections focused on suspected food adulteration, the sale of expired products and other food safety violations.

The high court's order, however, was specifically concerned with the suspension of the five restaurants operating at the MCA's BKC premises.