FDA to reinspect five MCA eateries on Thursday after cockroaches and flies were found in the kitchens
Court joked about "non-vegetarian tea" and allowed MCA to install a tea/coffee vending machine
MCA must clean the eateries before inspection, while FDA will review its contract with M/s Shirke Infrastructure
The Bombay High Court on Tuesday directed the Maharashtra Food and Drug Administration (FDA) to conduct a fresh inspection of five eateries at the Mumbai Cricket Association (MCA) premises after an earlier inspection found cockroaches, flies and other serious hygiene lapses.
The court also directed the MCA to clean the eateries before the FDA team carries out the inspection on Thursday. The bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was hearing petitions filed by the MCA against the suspension of licences of the five eateries at its Bandra Kurla Complex premises.
The FDA had suspended the licences after finding serious food safety and hygiene violations. According to the food safety authority, the kitchens were infested with cockroaches and flies, while the floors were found to be dirty and slippery.
The MCA argued that the FDA should have issued an improvement notice before suspending the licences, allowing the eateries time to rectify the deficiencies. Senior counsel Vikram Nankani, appearing for the cricket association, made the submission before the bench.
The court, however, said an improvement notice was not necessary in cases involving gross violations.
"As per the FDA's inspection report, the eateries' kitchen was infested with cockroaches and flies, and the floor was slippery and dirty. If there is a gross violation of hygiene standards, then the FDA can decide to suspend the license forthwith," the court said.
During the hearing, Nankani also submitted that the closure of the eateries meant the MCA could not even serve tea to cricketers coming to play at the ground.
The submission prompted a light-hearted remark from Acting Chief Justice Ghuge, who questioned whether the players were aware of what they were being served.
"There are flies and cockroaches in the restaurants' kitchens. It is non-vegetarian tea. Do they (cricketers) know they are consuming this tea?" Acting Chief Justice Ghuge said in a lighter vein.
The court subsequently allowed the MCA to install a vending machine for serving tea and coffee to players.
The bench also acknowledged the FDA's action, saying it had been appreciated across the state. However, it made clear that the objective of the regulatory action would be achieved once the eateries rectified the violations.
"What the FDA is doing is laudable. But once a restaurant/eatery clears up the deficiencies, then the suspension order needs to be revoked immediately. It cannot be kept pending as the FDA's objective has been achieved," it said.
The court further asked the FDA to examine the arrangement under which the eateries were being operated. The food authority had pointed out that the five outlets were being run by M/s Shirke Infrastructure, although their licences had been issued in the name of the MCA.
The bench directed the FDA to "apply its mind" to the contract between the MCA and the private entity.
"If this contract is legally permissible, then the FDA shall apply its mind and take a pragmatic approach," the HC said.
The MCA has been directed to clean the eateries before Thursday's inspection, following which the FDA will reassess the premises. The matter will be heard next on August 29.
