Bombay High Court Reinstates Radisson Hotel’s Food Licence
In a significant ruling, the Bombay High Court reversed the Maharashtra Food and Drug Administration’s (FDA) decision to suspend the food licence of the Park Inn by Radisson hotel in Navi Mumbai. This decision was made in the case of Sanjay Baburao Nirbhavne v State of Maharashtra & Ors. The bench, comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, delivered the verdict after a subsequent inspection rated the hotel’s compliance as 95% satisfactory.
The court found that the presence of two insects in the dishwashing and sweets section, the only negative finding during the inspection, did not warrant the continued suspension of the hotel’s operations. “The solitary finding regarding the presence of two insects, when viewed in the context of the overall inspection report recording the establishment as ‘compliant / satisfactory’, does not justify the continued suspension of the petitioner’s licence,” the judges stated.
Court’s Decision to Revoke Suspension
Consequently, the court quashed the FDA’s order dated July 3 and instructed the authorities to restore the hotel’s FSSAI licence, allowing it to resume its food business. This relief was granted following a plea by Sanjay Nirbhavne, the hotel’s health officer, who had challenged the FDA’s decision post a surprise inspection on July 2 that allegedly uncovered serious hygiene and sanitation issues.
While acknowledging the FDA’s enforcement efforts, the court observed that the preventive intent behind the suspension had been fulfilled, given the substantial improvements noted in subsequent inspections. “Once it is demonstrated, on the basis of an independent inspection conducted pursuant to the orders of this court, that the establishment has substantially remedied the deficiencies and has attained 95% compliance, the continuance of the suspension order ceases to serve the purpose for which it was originally imposed,” the court remarked.
Wider Implications and Future Proceedings
During the proceedings, the court also probed the selective nature of the FDA’s actions, questioning whether all eating establishments in Maharashtra, including those operated by government entities, were being inspected. The government pleader assured the bench that details of inspections, including those of government and semi-government canteens, would be provided.
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The case is scheduled for further hearing on July 31 to assess compliance. This ruling is part of a broader context of challenges against FDA actions, as the agency, led by Commissioner Tukaram Mundhe, conducted over 1,100 raids in two months, affecting iconic eateries and long-standing institutions across Mumbai, Pune, and Aurangabad.
In related developments, the Poornima Restaurant in Mumbai has also approached the High Court for an interim stay on its licence suspension following an FDA raid that found multiple violations. Similarly, the Aurangabad bench of the High Court recently granted an interim stay on FDA orders suspending the licences of several milk suppliers, citing the drastic nature of the action without a proper hearing.
Advocates Mayur Khandeparkar, Shobhra Swami, Sagar Shetty, and Meghna Vijan represented Nirbhavne, while government pleaders Neha S Bhide and Pooja Patil appeared for the State.
