The Bombay High Court on Monday set aside a license suspension order against a Navi Mumbai bar and restaurant after the Maharashtra Food and Drug Administration failed to restore its operations despite certifying the establishment as fully compliant.
A division bench comprising acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad reinstated the license for Hotel Pawan Bar and Restaurant, located in Belapur. The court stated it would consider imposing financial costs on the regulatory agency to compensate the business owner for sustained daily losses.
Inspection and Compliance Timeline
According to court filings presented by advocate Sagar Shetty and counsel Mayur Khandephalkar, the regulatory body initially inspected the establishment on June 29, recording a 63 percent compliance rate. The agency subsequently suspended the restaurant’s operating license on June 30.
Following an appeal by the establishment, officials conducted a follow-up inspection on July 14 and issued a 100 percent compliance certificate. However, the suspension order remained active despite the full compliance rating, prompting the owner to petition the High Court.
During Monday’s hearing, the bench questioned why the suspension was not lifted immediately upon recertification. Observing that the department had delayed action despite being led by Commissioner Tukaram Mundhe, the court directed the petitioner to submit an affidavit outlining the financial damages suffered since July 14. A hearing to determine penalties against the agency has been scheduled for Wednesday.
Broader Scrutiny of Agency Enforcement
The decision follows prior criticism from the High Court regarding the department’s enforcement practices across the state. In a recent proceeding, the bench questioned the agency after it reported a 93 percent compliance score for canteens inside the Mantralaya state secretariat, resulting in no administrative action against those facilities.
A subsequent court-appointed panel of four lawyers conducted an independent inspection of the secretariat canteens, reporting unsanitary conditions including insect infestations, damaged drainage, and open sewage lines. Consequently, the court ordered the regulatory agency on Friday to issue formal improvement notices to three Mantralaya canteens, setting a follow-up hearing for August 6.
The regulatory department is currently undertaking a statewide inspection drive covering private, semi-government, and public dining establishments across Maharashtra.
