Bombay HC Rebukes FDA, Eateries at MCA Premises Get Licence Reprieve
Bombay HC pulls up FDA for suspending five MCA eateries' licences; agency revokes order after fresh inspection shows 88% compliance.
The Maharashtra Food and Drug Administration (FDA) has withdrawn its suspension order against five restaurants operating on the Mumbai Cricket Association (MCA) premises in Bandra-Kurla Complex. The decision came on Saturday after the Bombay High Court sharply criticised the department for what it called a 'pedantic instead of pragmatic view' of the matter.
A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad noted that a fresh inspection report showed the eateries were 88% compliant with food safety norms. The court observed that the suspension stood vacated, allowing the restaurants to resume operations.
The dispute began when the FDA suspended the licences over hygiene violations and irregularities concerning the third-party operator. The MCA challenged the order in court. During the hearing, the FDA raised concerns that the restaurants were being run by M/s Shirke Infrastructure while the food licences remained in the MCA's name.
The agency told the court it would issue a fresh notice to the MCA and pass a reasoned order after hearing the association's response on the contract with Shirke Infrastructure. The bench accepted this course of action.
The judges, however, expressed strong displeasure with the FDA's handling of the case. They said the department had disobeyed earlier directions to examine the matter carefully and adopt a pragmatic approach. '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,' the court said.
The bench also questioned the FDA's repeated 'undue haste' in acting without first analysing the legal position. '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 court asked.
Following these observations, additional government pleader P P Kakade informed the bench that the FDA would withdraw its suspension order. The court disposed of the petitions on Saturday.