Food safety body cornered, Bombay High Court says ‘you’ll be charged’
The food safety regulator has already been under fire for its grueling campaign against food businesses found violating safety standards in Maharashtra.
The Maharashtra Food and Drugs Administration (FDA) has again come under the scanner of the Bombay High Court for failing to revoke the licence suspension order against a Navi Mumbai bar and restaurant despite giving it a 100 percent compliance rating following a reinspection on July 14.
Revoking the FDA’s licence suspension order against the establishment, the High Court indicated that it will also consider imposing costs on the regulator for the damages the restaurant suffered for nearly 15 days.
The food safety regulator has already been under fire for its grueling campaign against food businesses found violating safety standards in the state. Last week, the High Court rapped the FDA for giving a 98 percent approval to Mantralaya kitchen.
A bench led by Acting Chief Justice Ravindra V Ghuge also remarked that while the department, “sleeping for years,” has now woken up through the “laudable” work of FDA Commissioner Tukaram Mundhe, the court would fail in its duty by remaining silent in the Navi Mumbai case.
Advocates Mayur Khandeparkar and Sagar Shetty said the FDA inspected Pawan Bar and Restaurant on June 29, recorded 63 percent compliance and suspended its licence the next day. The court was also told that the re-inspection on July 14 found 100 percent compliance. Despite that, the FDA did not restore its licence.
The government lawyer said the petitioner’s appeal against licence suspension was pending, and a decision was awaited.
CJ Ghuge said, “Your problem is that the department was sleeping all these years and now it has woken up. You have a laudable Chief [Commissioner Tukaram Mundhe]…. Here you are giving a certificate of 100 percent. Licence (suspension) should have been revoked. Who will undo the damage caused to the petitioner?”
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“You cannot defend your action. If we decide to remain silent, then we will be failing in our duty. So let him tell us what the cost (of business loss) is. We will calculate the average income per day of the establishment, and that will be charged to you,” Acting CJ Ghuge told the government lawyer.
The court, while revoking the suspension of licenses, also sought an affidavit from the restaurant, providing details of estimated average income for the last 15 days and the financial losses it suffered due to closure of its premises to pass an appropriate order. The court is likely to hear the plea next on Wednesday, August 5.
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.
Expertise & Authority
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:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
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.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
