Bombay HC Orders Maharashtra FDA to Re-Inspect MCA Premises in BKC

The Bombay High Court on Tuesday directed the Maharashtra Food and Drugs Administration (FDA) to conduct a fresh inspection of the Mumbai Cricket Association’s (MCA) premises in BKC, where the food licences of five restaurants were suspended last week.

A bench led by Acting Chief Justice R V Ghuge asked the state FDA to remain consistent in its enforcement drives. While the court did not stay the suspension of the licences, it allowed the MCA to serve tea and coffee through vending machines as a temporary arrangement to accommodate ongoing tournaments.

The MCA and the operator of the restaurants challenged the FDA action before the High Court. Senior counsel Vikram Nankani, appearing for the MCA, argued that the licence suspensions were unwarranted, a position supported by senior counsel Vineet Naik, representing the restaurant operator.

During the hearing, the court commended the drive led by FDA Commissioner Tukaram Mundhe to address hygiene lapses, noting orally that the authority was doing good work but emphasized that enforcement should be conducted consistently rather than in an ad hoc manner.

The bench questioned counsel P P Kakade, representing the FDA, regarding why the agency had deviated from the standard format of assigning compliance marks across categories during the previous inspection. In response to the FDA's argument that the MCA could pursue an appeal before the commissioner, the court observed that statutory appeals take time and would not provide immediate clarity.

Counsel Kakade informed the court that the matter involved issues concerning the licence terms in addition to hygiene conditions. The High Court directed the FDA to examine the licensing issues, complete the fresh inspection on Thursday, and submit a reply by Friday. The matter has been scheduled for its next hearing on Saturday.