Bombay High Court Rebukes Maharashtra FDA Over Suspension of MCA Eateries

The Bombay High Court has vacated the suspension of licenses for five restaurants operating on the Mumbai Cricket Association (MCA) premises after warning the Maharashtra Food and Drugs Administration (FDA) of potential contempt action and jail time. The eateries, located at the Sharad Pawar Indoor Cricket Academy and Recreational Centre in the Bandra-Kurla Complex, include the Permit Room, Oriental Swing, Clubway and Pastry Counter, Mediterranean, and Pavilion. The FDA initially suspended the licenses during a statewide drive against food safety violations. Although a fresh inspection showed 88 percent compliance with food safety rules, the FDA had initially maintained the suspension because the eateries were operated by M/s Shirke Infrastructure while the licenses remained in the MCA's name. A division bench consisting of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad criticized the FDA for taking a pedantic and mechanical view instead of a pragmatic one. The court questioned why the department was in undue haste and remarked that the administration should not kill a mosquito with a sword. Following these remarks, Additional Government Pleader P P Kakade informed the court that the FDA would withdraw the suspension and restore the licenses. The FDA stated it would issue a fresh notice to the MCA to hold a hearing regarding the contract with Shirke Infrastructure before passing a reasoned order. The court accepted this and disposed of the plea.