Bombay HC Rebukes FDA, Paves Way for BKC Cricket Club Eateries to Reopen

The Maharashtra Food and Drug Administration (FDA) withdrew its order suspending operations of five restaurants located at the Mumbai Cricket Association (MCA) premises in the Bandra-Kurla Complex after the Bombay High Court warned officials of contempt action.

A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad accepted the regulator's undertaking to withdraw the suspension order on Saturday, allowing the eateries to reopen.

The court noted that a fresh inspection showed the five restaurants were 88 per cent compliant with food safety regulations. While the establishments faced a separate licensing issue—they were operated by M/s Shirke Infrastructure while the licences were issued in the name of the MCA—the bench observed that no provision under the law prohibited such an arrangement.

The judges reminded the FDA that the court had previously instructed officials to apply their minds and adopt a pragmatic view regarding the matter.

Criticising the department's handling of the case, the bench stated that despite clear instructions, the FDA had disobeyed orders and taken a pedantic view instead of a pragmatic approach. The court warned that it would initiate contempt proceedings and hold the concerned officials accountable if they failed to follow judicial directives.

The bench also questioned the FDA's repeated haste in issuing enforcement orders without properly examining the relevant laws, asking why the department attempted to kill a mosquito with a sword.

Following the court's stern warnings, the FDA agreed to issue a fresh notice to the MCA, review its response concerning the contract with Shirke Infrastructure, and issue a reasoned order. With the suspension order vacated based on compliance with food safety norms, the restaurants at the Bandra-Kurla Complex facility were permitted to resume business.