Bombay HC Quashes FDA Action Against Navi Mumbai Hotel Over Two Insects

A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad granted relief to Park Inn by Radisson, observing that the solitary finding had to be assessed in the context of the hotel’s overall hygiene, maintenance and operational compliance. The FDA itself had rated the hotel at 95 per cent compliance.

The hotel had approached the high court challenging the suspension order, arguing that the action was drastic and disproportionate.

According to the FDA, despite the 95 per cent compliance score, insects were found in the kitchen area, which resulted in the suspension of the licence. Government Pleader Neha Bhide told the court that food safety and hygiene standards could not be compromised.

"There may be one insect or 10 insects, it doesn't matter. Non-compliance on this aspect cannot be conceded," Bhide argued, adding that the Food Safety Act provides a statutory remedy of appeal before the Food Safety Commissioner.

The bench, however, questioned whether such a lapse alone warranted the extreme measure of suspending the licence when the establishment had otherwise substantially complied with the prescribed norms. In its order, the court stated that the "solitary finding regarding the presence of two insects" did not justify the continued suspension of the licence.

During the hearing, Acting Chief Justice Ravindra Ghuge made a lighter observation, saying, "Last week, there was a cockroach on our desk too. There is also one fly."

The court subsequently directed the authorities to immediately restore the hotel's FSSAI licence and permit it to resume its food business activities.

The bench also raised questions over whether food safety standards were being enforced uniformly and directed the FDA to inspect all government and semi-government eating establishments, including canteens at Mantralaya and the high court. The FDA was asked to submit the status of those inspections along with video recordings.

Bhide told the court that there was no "pick and choose" approach by the FDA and stated that canteens operated by the Brihanmumbai Municipal Corporation, civic-run KEM Hospital, the Cricket Club of India and several other prominent clubs in Mumbai had also been inspected and shut over food safety violations.

The matter will be heard again on July 31, when the FDA is expected to place on record details of inspections carried out across the state.