Bombay HC Orders Reopening of MCA Eateries, Criticizes FDA

The Bombay High Court has strongly criticized the Maharashtra Food and Drug Administration (FDA) for its “pedantic” approach, ordering the reopening of five restaurants situated on the Mumbai Cricket Association (MCA) premises.

The court’s decision came after the FDA had suspended the licenses of these establishments. The initial suspensions were attributed to alleged hygiene violations and issues concerning third-party operations by M/s Shirke Infrastructure, despite the licenses being held in MCA’s name.

Court’s Stance on Regulatory Approach

A subsequent inspection, however, revealed 88% compliance with food safety rules at the affected eateries. Acting Chief Justice Ravindra Ghuge, alongside Justice Gautam Ankhad, warned FDA officials of potential severe action, including contempt proceedings, for failing to adopt a pragmatic view as previously directed.

The court emphasized that no existing law prohibits the current operational arrangement between MCA and M/s Shirke Infrastructure. This clarification directly challenged the FDA’s interpretation of regulations regarding third-party management.

FDA Reverses Course

Following the High Court’s pointed remarks, the Maharashtra FDA agreed to withdraw its suspension order. The administration also committed to conducting a fresh hearing concerning the contract between the Mumbai Cricket Association and M/s Shirke Infrastructure.

With these agreements, the court effectively disposed of the petitions. This outcome underscores the judiciary’s role in ensuring regulatory bodies apply rules with practicality and within legal bounds.