Bombay High Court slams FDA for ‘pedantic’ view, clears reopening of 5 eateries at MCA premises

The Bombay High Court has overturned the Maharashtra FDA's decision to suspend licences for five restaurants operating within the Mumbai Cricket Association (MCA) premises at the Bandra-Kurla Complex. The court's decision came after the High Court cautioned the FDA against a "pedantic" approach, instead of a more practical judgment.

The FDA had initially suspended the eateries' licences due to alleged hygiene violations and operational irregularities, despite a fresh inspection that revealed 88% compliance with food safety rules. The MCA challenged the FDA's decision, arguing that the eateries were operated by M/s Shirke Infrastructure, and the licences were registered in their name.

The court accepted this argument and vacated the suspension order, allowing the eateries to resume operations. The FDA has been instructed to issue a fresh notice to the MCA and grant them a hearing on the contract with Shirke Infrastructure before passing a reasoned order. The court expressed frustration with the FDA's approach, stating that it would consider contempt action against the officials involved if they failed to comply.