‘Be Realistic, We’re in India’: HC Quashes Suspension of Hotel Licence by FDA Over Hygiene

The Bombay High Court has suggested to the Maharashtra Food and Drug Administration (FDA) to adopt a realistic approach, considering that “we’re in India”, and quashed its order suspending the licence of a four-star hotel in Navi Mumbai over hygiene.

Giving relief to the hotel, a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad noted on Wednesday that the FDA decision was based on the finding of two small insects.

The court said the “solitary finding regarding the presence of two insects’’ when viewed against the overall “satisfactory” compliance report on hygiene, maintenance and operation did not justify the continued suspension of the licence.

“We are in India. We have to take a realistic stand,” HC said.

The FDA on July 3 suspended the Food Safety Standards Authority of India (FSSAI) licence of Park Inn by Radisson hotel, citing “serious lapses in hygiene, sanitation, food storage and food handling practices”, a day after its surprise inspection of the premises.

The hotel then moved the HC, submitting that the order was drastic and disproportionate.

As per the FDA, the hotel had secured a 95 per cent compliance score, but insects had been found in the kitchen area, resulting in the suspension.

Government Pleader Neha Bhide told the court on Wednesday that there could be no compromise on food safety and hygiene.

“There may be one insect or 10 insects, it doesn’t matter. Non-compliance on this aspect cannot be conceded,” she 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 justified the extreme step of suspension, when the establishment had otherwise substantially complied with the prescribed norms.

“Last week, there was a cockroach on our desk too. There is also one fly,” ACJ Ghuge said in a lighter vein.

Quashing the suspension order, the court directed the authorities to immediately restore the hotel’s FSSAI licence and permit it to resume its food business activities.

The bench also questioned whether food safety norms were being enforced uniformly and directed the FDA to inspect all government and semi-government eating establishments, including the canteens at Mantralaya and the High Court, and submit the status of the inspections along with video recordings.

Bhide told the court that there was no “pick and choose” approach by the FDA, and canteens run 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 has been posted for further hearing on July 31, when the FDA is expected to place on record details of inspections carried out across the state.