FDA crackdown: Bombay HC steps in to give another chance to 5 MCA food outlets
The High Court has also asked the FDA to lift the suspension if the five MCA food outlets are found to have followed the food safety rules in the reinspection.
The Bombay High Court on Tuesday ordered the Maharashtra food safety body to reinspect five food outlets at the Mumbai Cricket Association’s (MCA) Bandra Kurla Complex premises with proper scores, a day after their food licences and registration were suspended by the food safety regulator over alleged hygiene, storage and food-handling violations.
The High Court has also orally asked the Food and Drug Administration (FDA), under Commissioner Tukaram Mundhe, to “lift the suspension” if they are found to have followed the food safety rules in the reinspection.
The FDA inspected MCA’s BKC premises on August 20 and suspended the licences of five outlets the next day. They were being operated by M/s Shirke Infrastructure even though the licences were issued in MCA’s name.
Senior advocates Vikram Nankani and Vineet Naik, representing MCA and M/s Shirke Infrastructure, respectively, told Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad that improvement notices were not issued, terming FDA’s interpretation of the agreement between the two parties unwarranted.
After Nankani said the contract crystallised an interim concessionaire arrangement for licence and registration, the HC asked the FDA to assess, “apply its mind” if legally permissible and “take a pragmatic approach.”
The HC initially sought the FDA’s response to the plea and orally remarked that “in the meantime, let there be only cricket” and asked MCA to do “cleaning up.”
The High Court also directed FDA to re-inspect the premises from 1 to 6 pm Thursday, with scores recorded in “the usual practice in vogue.”
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When Additional Government Pleader Priyabhushan P Kakade for FDA cited the provision for appeal, Acting CJ Ghuge referred to an earlier Pune dairy and sweets shop case where the appeal remained pending after hearing, despite 98% compliance.
“If the party complies with 98%, you should be happy that your laudable object is achieved,” Acting CJ Ghuge remarked, adding, “But the problem is that the moment your object is achieved with a particular entity which gives you 98% compliance, is it fair to that entity (that you continue suspension)? You should immediately say, our objective is achieved, you have 98% compliance, congratulations, and we lift the suspension. But you kept it pending for 35 days (Pune case).”
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
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Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
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Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
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