Bombay High Court orders fresh FDA inspection of Mumbai Cricket Association outlets in BKC

The Bombay High Court has directed the Maharashtra Food and Drug Administration (FDA) to carry out a fresh inspection of eateries operating within the premises of Mumbai Cricket Association (MCA) [Mumbai Cricket Association v. State of Maharashtra & Ors]

A bench of acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad issued the direction on petitions challenging the suspension of licenses of food outlets situated in Bandra Kurla Complex over hygiene and licensing issues.

The suspension orders for the five outlets were issued on August 21, a day after an inspection flagged violations in their operations. The FDA said that although the licences were issued in MCA’s name, the eateries were being operated by another entity, Shirke Infrastructure.

In view of the same, the Court directed that the outlets be inspected again on Thursday.

In the meantime, they have been permitted to operate automated tea and coffee vending machines.

"The petitioners have automated tea and coffee vending machines, and such tea and coffee can be served with minimal human intervention. In order to cater to the requirement of the guests and the participants, we are only permitting the petitioners to serve tea and coffee, which is dispensed through the tea and coffee vending machines, and no other activity be permitted," the Court said.

During the hearing, the Court expressed dissatisfaction with the format of the inspection reports submitted by the authorities. The Court observed that evaluation sheets lacked standard scoring parameters otherwise mentioned in auto-generated reports.

"You have an auto-generated report. And that auto-generated report also mentions the score. How come in these matters there is no score?" ACJ Ghuge asked the government pleader.

"There is no marking, there is no mention of the marks which are to be granted to various activities, as is normally done in every matter that has come before us," the Court added.

The Court thus directed FDA officials to conduct a re-inspection on Thursday between 1 pm and 6 pm. It clarified that if the eateries are found to be fully compliant, the suspension shall be lifted immediately at 6 pm.

A proper score be recorded in the auto-generated reports, the Court added. As for the licensing issue, the Court instructed FDA to examine the privity of contract between the MCA and its concessionaire Shirke Industries in a pragmatic manner.

"If you feel that the contracts are within the framework of law, and they are legally acceptable, then you should have no problem," the Bench observed.

Senior Advocate Vikram Nankani for MCA earlier requested temporary relief for tea and coffee services in view of upcoming badminton matches.

"The cricketers will have to go out for tea and vadapav," he added in a lighter vein.

Hearing the senior counsel's submission, ACJ Ghuge quipped,

"Had they realised that the food is also sometimes non-vegetarian because of the flies and cockroaches…"

The Court will hear the matter next on August 29 to review the fresh inspection reports.