The Bombay High Court has delivered a sharp rebuke to the Maharashtra Food and Drug Administration (FDA), overturning the suspension of five restaurant licenses at the Mumbai Cricket Association (MCA) complex in Bandra Kurla Complex (BKC). A division bench, comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, warned FDA officials of potential contempt proceedings for their "undue haste" and "pedantic instead of pragmatic" approach.
Court Expresses Severe Displeasure
The court expressed severe displeasure over the FDA's persistent refusal to reinstate the licenses, even after a follow-up inspection revealed that the establishments were 88 percent compliant with food safety standards. The judges highlighted the regulator's failure to apply its mind properly to the matter.
"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 bench remarked, adding that it was "tired of scolding the department and officers."
Background to the Dispute
The dispute originated from an aggressive state-wide enforcement drive initiated by FDA Commissioner Tukaram Mundhe against various food outlets, hotels, and warehouses across Maharashtra. Last week, the FDA suspended the licenses of five eateries within the MCA complex, citing hygiene concerns and alleged licensing discrepancies.
While the court had previously acknowledged the commissioner's efforts to enhance food safety, it had directed a fresh, objective inspection. Despite the updated inspection confirming substantial compliance, the FDA maintained the suspension. Their reasoning centered on the fact that the eateries were operated by M/s Shirke Infrastructure, whereas the original licenses had been issued in the name of the MCA.
FDA Relents, Suspensions Vacated
Questioning the authority's swift action without thoroughly examining the legal position, the High Court reiterated its warning of contempt proceedings if court directions continued to be ignored. During Saturday's proceedings, the FDA eventually relented, informing the bench that it would issue a fresh notice to the MCA regarding its contractual agreement with Shirke Infrastructure. This would be followed by a formal hearing and a reasoned order.
Accepting this undertaking, the High Court immediately set aside the suspension orders. The court noted that there was no valid legal barrier preventing the restaurants from resuming their operations, allowing them to reopen without further delay.