Bombay HC Orders FDA Reinspection of Five Eateries at BKC Mumbai Cricket Facility
The Bombay High Court on Tuesday directed the Maharashtra Food and Drug Administration (FDA) to reinspect five eateries at the Mumbai Cricket Association’s (MCA) facility in Bandra-Kurla Complex (BKC), following the suspension of their licences over hygiene violations.
A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad issued the order while hearing petitions filed by the MCA challenging the FDA's suspension order. The court instructed the MCA to thoroughly clean the premises before the FDA conducts its inspection between 1 pm and 6 pm on Thursday.
The FDA had inspected the BKC facility on August 20 and suspended the licences of all five eateries the following day. According to the food safety authority, its inspection uncovered cockroaches and flies in the kitchens, along with dirty and slippery floors. The FDA also found that the eateries were operated by M/s Shirke Infrastructure, despite the food licences being issued in the name of the MCA.
During the hearing, senior counsel Vikram Nankani, appearing for the MCA, argued that the FDA ought to have issued an improvement notice first to allow the eateries to rectify the deficiencies. The bench rejected this contention, stating that an improvement notice is not required in cases involving gross violations of hygiene standards.
When counsel submitted that cricketers using the facility could not even get tea due to the shutdown, the bench remarked in a lighter vein about the presence of flies and cockroaches in the kitchens, asking if the cricketers knew they were consuming "non-vegetarian tea".
The court permitted the MCA to serve tea and coffee to players exclusively through vending machines until the inspection process is resolved, strictly prohibiting any other activity at the eateries.
Terming the FDA's enforcement action laudable, the bench stressed that suspensions must not continue indefinitely once deficiencies are cleared. The court stated that if the outlets meet compliance requirements during Thursday's inspection, the FDA should consider lifting the suspension immediately.
The high court also asked the FDA to examine the contractual arrangement between the MCA and Shirke Infrastructure and adopt a pragmatic approach if the arrangement is legally permissible. The matter has been scheduled for its next hearing on August 29.
