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Bombay HC Clears Reopening of 5 Eateries at MCA Premises in BKC

Bombay HC Clears Reopening of 5 Eateries at MCA Premises in BKC

The Bombay High Court on Saturday paved the way for the reopening of five restaurants operating on the Mumbai Cricket Association (MCA) premises in the Bandra-Kurla Complex after pulling up the Maharashtra Food and Drugs Administration (FDA) for taking a rigid stance despite compliance with food safety norms.

A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad vacated the license suspensions after a fresh inspection report submitted by the FDA confirmed that the eateries were 88 per cent compliant with food safety regulations.

The MCA had moved the high court against the FDA's decision to suspend operations over alleged hygiene violations and third-party operational irregularities. Although an inspection conducted on Thursday established 88 per cent compliance, the FDA had initially continued the suspension because the eateries were being run by M/s Shirke Infrastructure while the licences stood in the MCA's name.

During the hearing, the court criticised the FDA for disobeying its earlier directives to adopt a practical approach. The bench warned officials of contempt proceedings, observing that the department acted in undue haste without properly analysing the law.

Following the court's strong observations, additional government pleader P P Kakade stated that the FDA would withdraw its suspension orders against the five eateries. The FDA informed the bench that it would issue a fresh notice to the MCA and provide a hearing regarding its contract with Shirke Infrastructure before passing a reasoned order.

The bench accepted the submission, noted that no legal provision prohibited reopening the compliant outlets, and disposed of the petitions.

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