FDA restores licenses of Mumbai Cricket Association eateries after Bombay HC intervention

The Maharashtra Food and Drug Administration (FDA) on Saturday withdrew its orders suspending the food licenses of five eateries at the Mumbai Cricket Association's (MCA) Bandra Kurla Complex club [Mumbai Cricket Association v. State of Maharashtra & Ors.].

The decision to restore the licenses came after a division bench of acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad of the Bombay High Court reprimanded the authority for taking arbitrary actions without applying proper reasoning.

During the hearing, the Bench strongly reprimanded the FDA officials for failing to follow judicial directions and passing mechanical suspension orders.

"I don't know why you people are in such an undue haste. Do you have any problems with the High Court's order? If there are thousand contempt petitions filed in the court, 500 are on account of the State's disobedience," the court remarked.

The FDA then proceeded to withdrawn the license suspension orders.

The Court was hearing a plea by MCA challenging suspension orders issued by FDa on August 21 against five of its outlets right after an initial inspection.

When the matter was initially heard on August 25, the High Court directed fresh re-inspection.

Pursuant to the same, FDA reports were presented before the Court on August 29 and it revealed exemplary compliance across all parameters.

However, the Court objected to the manner in which the assistant commissioner of FDA handled the matter.

The Bench noted that the officer acted like a ‘novice’ by issuing orders without proper reasoning or statutory analysis under the Food Safety and Standards (FSS) Act, 2006.

"You don't understand our order, you don't understand the Act also. So you don't read your rules. You don't read the statute. You don't read our order. But you shoot!" the Court stated.

The judges emphasised that while enforcement of hygiene is vital, administrative action must remain proportionate.

"Don't kill a mosquito with a sword. We wanted you to measure your actions. Do you feel that you are Lord? You can do anything?" the bench observed.

It reiterated that regulatory mechanisms should foster compliance and encourage improvement rather than forcing an immediate shutdown.

When the Bench warned of initiating contempt proceedings for not complying with its directions, FDA agreed to withdraw its August 21 suspension order.

The then Court recorded this statement and disposed the writ petitions.

It also directed FDA to issue fresh notices and consider submissions of the MCA and the concessionaire, Shirke Industries, to evaluate their contractual relationship under the statutory framework. 

Before concluding the hearing, the Bench suggested that FDA explore a policy measure by which major eateries are required to maintain dedicated web pages for public hygiene reviews.

"Why shouldn’t major eateries, like how you find in Western countries, have their own web page? Let citizens upload their views about their hygiene, their food, their taste on that web page," the Court suggested.