Bombay High Court revokes FDA decision to suspend Radisson hotel's licence

The Bombay High Court on Wednesday set aside Maharashtra Food and Drug Administration (FDA)’s decision to suspend the food licence of Park Inn by Radisson at Navi Mumbai [Sanjay Baburao Nirbhavne v State of Maharashtra & Ors]

A Division Bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad passed the order after a fresh inspection graded the hotel ‘A – Compliance Satisfactory,’ on finding it 95% compliant with the relevant rules.

The Court said that the presence of two insects in the dishwashing and sweets section, the only adverse finding in the inspection, did not justify the continued suspension of the hotel when the overall inspection had rated its compliance as satisfactory.

“The solitary finding regarding the presence of two insects, when viewed in the context of the overall inspection report recording the establishment as 'compliant / satisfactory', does not justify the continued suspension of the petitioner's licence,” the Court said. 

Therefore, the Court quashed the FDA order of July 3 and directed the authorities to revoke the suspension of the hotel’s FSSAI licence to enable it to resume the food business. 

The relief was granted on a plea filed by the hotel’s health officer, Sanjay Nirbhavne. He challenged the FDA’s decision to suspend the licence after a surprise inspection on July 2 allegedly revealed serious lapses in hygiene and sanitation. 

Even as the Court appreciated FDA’s enforcement efforts, it opined that the preventive purpose of suspension was served since subsequent inspections had showed substantial improvement at the establishment.

“Once it is demonstrated, on the basis of an independent inspection conducted pursuant to the orders of this court, that the establishment has substantially remedied the deficiencies and has attained 95% compliance, the continuance of the suspension order ceases to serve the purpose for which it was originally imposed,” the Court said. 

During the hearing, the Court also questioned the selective actions of authorities. It asked whether FDA had searched all the eating houses and establishments in Maharashtra, including those operated by statutory authorities or semi-government establishments. 

The government pleader assured the Court the State would apprise the bench of all the inspection details including that of government and semi-government canteens and contract kitchens. 

The matter will be heard next on July 31 to examine compliance.

The Park Inn order comes against the backdrop of multiple challenges to FDA action. 

According to various media reports, the FDA, under Commissioner Tukaram Mundhe, ordered over 1,100 raids in roughly two months, leading to suspensions of iconic eateries, long-standing institutions and dairies across Mumbai, Pune and Aurangabad. 

The six-decade old Poornima Restaurant in Fort region of Mumbai has also moved the High Court seeking an interim stay on suspension of its licence. Their license was suspended after a July 23-raid found fungal growth on stored vegetables, flies, stagnant water and dirty drains.

The restaurant has alleged that FDA’s action was high-handed and that the official communication on the inspection was issued only after the raid. 

Last week, the Aurangabad bench of the High Court also granted an interim stay on FDA orders suspending the licences of several milk suppliers and vendors. The Court stated that such suspension was a drastic action, observing that there appeared to be no emergency requiring immediate cancellation without a proper hearing.

Advocates Mayur Khandeparkar, Shobhra Swami, Sagar Shetty and Meghna Vijan appeared for Nirbhavne.

Government pleaders Neha S Bhide and Pooja Patil appeared for State.

[Read Order]