The Bombay High Court on Thursday set aside the Maharashtra Food and Drug Administration’s (FDA) decision to suspend the food licence of a four-star hotel in Navi Mumbai, observing that the presence of just two insects could not justify shutting down an establishment that had otherwise complied with hygiene standards.
Granting relief to Park Inn by Radisson, the court directed authorities to immediately restore the hotel’s FSSAI licence, allowing it to resume food operations while also calling for broader inspections of government and semi-government food facilities across the state.
Court Questions FDA’s Decision
A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad noted that the hotel’s inspection report reflected nearly complete compliance with food safety norms, with the suspension stemming primarily from the discovery of two insects in the kitchen.
While hearing the matter, the bench remarked, “We are in India. We have to take a realistic stand,” indicating that such an isolated finding should be viewed in the context of the overall inspection report rather than becoming the sole basis for cancelling the licence.
The judges observed that the hotel’s compliance record was otherwise satisfactory and that the suspension appeared disproportionate.
Hotel Challenged FDA’s Suspension
The FDA had suspended the hotel’s FSSAI licence on July 3 after a surprise inspection cited shortcomings related to hygiene, sanitation, food storage and food handling practices.
Challenging the order before the High Court, the hotel argued that the action was excessive, especially when it had received a 95% compliance score during the inspection.
Defending the suspension, government counsel Neha Bhide maintained that food safety standards cannot be diluted under any circumstances.
“There may be one insect or 10 insects, it doesn’t matter. Non-compliance on this aspect cannot be conceded,” she submitted before the court, adding that the law already provides an appellate remedy before the Food Safety Commissioner.
Bench Calls for Practical Approach
The High Court, however, questioned whether finding two insects alone warranted suspension of the licence when the remaining inspection parameters were largely satisfactory.
During the hearing, Acting Chief Justice Ghuge made a light-hearted observation, saying, “Last week, there was a cockroach on our desk too. There is also one fly,” while stressing the need to adopt a practical approach instead of imposing extreme penalties for isolated incidents.
Wider Food Safety Checks Ordered
Apart from restoring the hotel’s licence, the High Court also sought greater consistency in food safety enforcement.
The bench directed the FDA to inspect government and semi-government food establishments, including canteens operating at Mantralaya and the Bombay High Court, and submit detailed inspection reports along with video recordings.
Responding to the court’s observations, the FDA informed the bench that inspections were being carried out uniformly and were not limited to private establishments.
The state also said action had already been taken against several food outlets, including canteens run by the Brihanmumbai Municipal Corporation (BMC), KEM Hospital, the Cricket Club of India (CCI) and other prominent institutions for violations of food safety norms.
The matter will now be heard again on July 31, when the FDA is expected to present details of inspections conducted across Maharashtra.
