The Bombay High Court has set aside an order by the Maharashtra Food and Drug Administration suspending the food safety licence of a four-star Navi Mumbai hotel, holding that the discovery of two insects did not justify shutting down an establishment with high overall compliance.
A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad directed authorities to immediately reinstate the Food Safety and Standards Authority of India licence for Park Inn by Radisson, allowing the facility to resume its food operations.
The regulatory agency had suspended the hotel’s licence on July 3, following an unannounced inspection the previous day that cited deficiencies in sanitation, hygiene, and food handling. However, official records showed that the hotel had achieved a 95 percent compliance rating, with the suspension primarily triggered by the presence of two insects in the kitchen area. Challenging the action in court, the hotel argued that the suspension was disproportionate and excessive.
Judicial Perspective on Regulatory Action
Characterizing the regulatory response as overly severe, the bench noted that isolated findings must be evaluated against an establishment’s broader operational record. The court remarked that enforcement officials should maintain a realistic perspective under local conditions, concluding that a single finding involving two insects did not warrant a complete shutdown when overall norms were substantially met.
State Defense and Enforcement Scope
Defending the regulator’s action, Government Pleader Neha Bhide argued that food safety rules allow no tolerance for pests regardless of their number. She also pointed out that the hotel could have pursued an administrative appeal through the Food Safety Commissioner.
Addressing concerns about selective enforcement, Bhide stated that regulators apply standards consistently across all facilities. She noted that recent inspections and closures had also affected major public and private venues, including canteens operated by the Brihanmumbai Municipal Corporation, KEM Hospital, and the Cricket Club of India.
Statewide Directives for Public Facilities
The high court expanded the scope of the inquiry by questioning whether food safety rules are being uniformly implemented across public institutions. The bench ordered the Food and Drug Administration to inspect all government and semi-government dining facilities, specifically including canteens at the High Court and Mantralaya.
Regulators must submit comprehensive inspection reports along with accompanying video recordings when the court resumes hearing the matter on July 31.
