Bombay HC Directs FDA to Lift Suspension of 5 Eateries at MCA in BKC
The Bombay High Court on Saturday directed the Maharashtra Food and Drug Administration (FDA) to lift the suspension of food licences for five eateries operating at the Mumbai Cricket Association (MCA) facility in the Bandra-Kurla Complex.
A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad issued the order after the FDA informed the court that it would withdraw the suspension and issue a fresh notice regarding the operational arrangement of the food outlets.
The court was hearing petitions filed by the MCA challenging the FDA’s decision to suspend the licences of the five eateries. The regulatory authority had inspected the Bandra-Kurla Complex premises on August 20, citing findings of cockroaches, flies, and dirty, slippery floors in the kitchens, and suspended the licences the following day.
A follow-up inspection conducted on Thursday revealed that the eateries had achieved 88 per cent compliance with food safety standards. Despite this improvement, the FDA maintained the suspension on grounds that the outlets were being operated by M/s Shirke Infrastructure while the licences remained registered in the name of the MCA.
Criticising the department for its approach, the bench observed that the FDA had taken a pedantic rather than pragmatic view despite earlier judicial instructions. The judges questioned the department's haste and warned of potential contempt proceedings against the concerned officials if compliance orders were ignored.
Additional Government Pleader P P Kakade informed the bench that the FDA would withdraw the existing suspension order and follow due procedure by issuing a fresh notice to the MCA. This will provide the association an opportunity to explain its contractual arrangement with Shirke Infrastructure before any reasoned order is passed.
Accepting the submission, the High Court vacated the suspension, permitting the five eateries to resume operations, and clarified that the FDA could separately examine the contractual arrangement following due process. The petitions were subsequently disposed of.
