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The High Court set aside the FDA’s suspension of five restaurants on the Mumbai Cricket Association’s (MCA) premises, allowing them to resume operations.
As per the FDA, the eateries were being operated by another entity, M/s Shirke Infrastructure, despite the licenses being issued in MCA’s name.
The Bombay High Court on Saturday rapped the Maharashtra Food and Drugs Administration (FDA) and set aside its orders suspending the food licenses of five outlets on the Mumbai Cricket Association’s (MCA) BKC premises, accusing the body of acting in undue haste and failing to follow a pragmatic approach.
The High Court pulled up the FDA, warning of contempt action against officials, after the department refused to lift the suspension of food licences of five restaurants despite a fresh inspection finding them 88% compliant with food safety rules.
A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad vacated the suspension, allowing the eateries to reopen, while the FDA separately examines issues linked to their operation by a third party. The bench said the FDA had taken a “pedantic instead of pragmatic view” despite the court’s earlier direction to reconsider the matter.
‘Acting In Undue Haste’
The MCA had moved the high court against the FDA’s decision to suspend the operations of the five restaurants over alleged hygiene violations and irregularities related to third-party operations. Despite a fresh inspection, the FDA continued with the suspension, arguing that the eateries were being operated by M/s Shirke Infrastructure even though the licenses were in the MCA’s name.
However, the court noted that it had specifically asked FDA officials to take a pragmatic view. “Despite clearly saying this, the FDA has disobeyed our order and taken a pedantic view instead of a pragmatic view. We are tired of scolding the department and officers all the time. It is now time to pass stinging orders. We will issue contempt action against the concerned officers. Let them convince us or go to jail,” it said.
The bench also questioned why the FDA acted with “undue haste” without fully analysing the legal position. “How many times should we try to convince and balance equities so that the department does not feel discouraged? Why do we say don’t kill a mosquito with a sword? Do you feel you are a lord and you can do anything?” it asked.
Tagainst the backdrop of a broader FDA crackdown on food safety violations across the state. In recent week, several notices have been issued to food companies, with officials conducting inspections targeting food adulteration, the sale of expired products and other lapses.
Quick Answers
Ask News18The Bombay High Court’s ruling against the FDA’s crackdown on restaurants suggests that regulatory actions must be proportionate, transparent, and follow due process. The court has emphasised that immediate closures are only justified in exceptional public health emergencies, and in most cases, improvement notices should be issued first. This could mean that other businesses facing similar regulatory actions may have grounds to challenge decisions where due process was not followed.
Ask News18About the Author
Aveek Banerjee is a Senior Sub Editor at News18. Based in Noida with a Master’s in Global Studies, Aveek has more than three years of experience in digital media and news curation, specialising in int…Read More
August 29, 2026, 3:47 PM IST
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