Bombay High Court pulls up FDA, allows five MCA eateries to reopen

The Bombay High Court on Saturday cleared the way for five restaurants operating within the Mumbai Cricket Association (MCA) premises in Bandra-Kurla Complex to resume services, after the Maharashtra Food and Drug Administration (FDA) agreed to withdraw its suspension orders.

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad vacated the suspension following a fresh inspection report that showed the eateries were 88% compliant with food safety norms. The MCA had moved the court challenging the FDA's decision to suspend operations over alleged hygiene violations and irregularities in third-party operations.

The FDA had initially maintained the suspension despite the improved compliance score, citing that the eateries were being run by M/s Shirke Infrastructure while the licences were registered in the MCA's name. During the hearing, the FDA informed the court that it would issue a fresh notice to the MCA, grant a hearing on the contractual arrangement with Shirke Infrastructure, and then pass a reasoned order.

The court accepted this submission and noted that since the eateries are now compliant, the suspension order stands vacated. The bench observed that there is no legal provision prohibiting the current arrangement and expressed displeasure at the FDA's approach, stating that officials had taken a pedantic view despite earlier guidance to be pragmatic. The court remarked that it was tired of repeatedly admonishing the department and warned of contempt action against concerned officers.

The bench also questioned the FDA's tendency to act in undue haste without properly analysing the law. Following these observations, additional government pleader P.P. Kakade submitted that the FDA would withdraw the suspension orders for the five eateries. The court disposed of the petitions on the same day.