Bombay HC revokes restaurant licence suspension, raps Maharashtra FDA over delay

The Bombay High Court revoked the Maharashtra FDA's suspension of a Navi Mumbai restaurant's licence, questioning why it remained closed despite achieving 100 per cent compliance. The court warned of imposing costs on the department for the business's financial losses

Mumbai: The Maharashtra Food and Drug Administration (FDA) on Monday once again drew the ire of the Bombay High Court for not revoking the licence suspension order against a Navi Mumbai-based bar and restaurant despite finding the establishment 100 per cent compliant following a reinspection.

A bench of acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said it intends to impose costs on the department for damages suffered by the restaurant owner and revoked the licence suspension order. The court’s latest reprimand comes days after it pulled up the agency for its selective action against eateries and for failing to act against the canteens in Mantralaya, the state secretariat.

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The bench was hearing a petition filed by Hotel Pawan Bar and Restaurant in Belapur, Navi Mumbai, challenging the FDA’s action. The petitioner’s counsel Mayur Khandephalkar informed the court that the FDA had carried out an inspection at the bar and restaurant on June 29 and found it to be 63 per cent compliant with the rules, following which a licence suspension order was issued on June 30.

As per the plea filed through advocate Sagar Shetty, the petitioner filed an appeal before the authority, and on July 14, a reinspection was carried out, and a 100 per cent compliance certificate was issued, but the suspension order was not revoked. The court then questioned the FDA as to why the suspension order remained in place even after it found the petitioner 100 per cent compliant.

“Who will give the petitioner damages for the loss he has suffered each day? The problem is this department (FDA) was sleeping all this while and has now woken up. You have a laudable commissioner (Tukaram Mundhe), but once the petitioner has been certified as 100 per cent compliant, why should the licence remain suspended?” HC remarked.

The bench said it would consider whether to impose cost on the FDA. “If we remain silent then, we would be failing in our duty,” it said. The court revoked the suspension order and posted the matter for further hearing on Wednesday to deliberate on the cost to be imposed on the FDA. The bench directed the petitioner to submit an affidavit, providing details regarding the financial losses due to closure of its premises since July 14.

Last week, the department faced the HC’s brunt after it submitted a report claiming that the canteens inside Mantralaya were 93 per cent compliant, and hence, no action was taken against them.

The court had then ordered a four-lawyer panel to inspect the canteens and submit a report, which was contrary to the FDA’s findings and claimed that the canteen was unclean with cockroaches and flies and had broken drainage and an open sewage system.

The bench on Friday ordered the FDA to issue improvement notices to the three canteens in Mantralaya and posted the matter for further hearing on August 6. The FDA has launched a crackdown against eateries, hotels and clubs, including private, semi-government and government establishments across Maharashtra.