‘Be realistic, we’re in India’: Bombay HC quashes suspension of hotel licence by FDA over hygiene

The Bombay High Court has quashed the Maharashtra Food and Drug Administration's (FDA) order suspending the food licence of a four-star hotel in Navi Mumbai, observing that authorities must adopt a realistic approach while enforcing food safety norms.

A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, while granting relief to Park Inn by Radisson, noted that the suspension was based on the presence of two small insects despite the hotel securing a 95% compliance score during inspection.

"We are in India. We have to take a realistic stand," the bench observed on Wednesday, adding that the "solitary finding regarding the presence of two insects", viewed against the hotel's otherwise satisfactory compliance with hygiene, maintenance and operational standards, did not warrant the extreme step of suspending its licence.

The Maharashtra FDA had suspended the hotel's Food Safety and Standards Authority of India (FSSAI) licence on July 3, a day after conducting a surprise inspection. It cited serious lapses in hygiene, sanitation, food storage and food handling practices.

Challenging the order, the hotel argued before the High Court that the suspension was arbitrary, drastic and disproportionate.

During the hearing, Government Pleader Neha Bhide defended the FDA's action, contending that there could be no compromise on food safety.

"There may be one insect or 10 insects, it doesn't matter. Non-compliance on this aspect cannot be conceded," she submitted, while also pointing out that the Food Safety Act provides an appellate remedy before the Food Safety Commissioner.

The court, however, questioned whether the discovery of two insects alone justified suspending the hotel's licence when it had otherwise substantially complied with statutory norms.

In a lighter moment during the hearing, Acting Chief Justice Ghuge remarked, "Last week, there was a cockroach on our desk too. There is also one fly."

The bench directed the authorities to immediately restore the hotel's FSSAI licence and permit it to resume food business operations.

It also sought uniform enforcement of food safety standards, directing the FDA to inspect government and semi-government eating establishments, including canteens at Mantralaya and the Bombay High Court, and submit inspection reports along with video recordings.

The FDA informed the court that it had already inspected and, in some cases, shut down canteens run by the Brihanmumbai Municipal Corporation, KEM Hospital, the Cricket Club of India and several other establishments for food safety violations.

The matter has been posted for further hearing on July 31, when the FDA is expected to place details of inspections conducted across the state.