The Bombay High Court has expressed strong disapproval of the Maharashtra Food and Drug Administration (FDA) regarding its approach to food safety inspections. In its latest hearing, the court questioned the FDA’s differential treatment of private restaurants compared to government canteens. The court ordered the FDA to convert suspension notices issued to four petitioning food establishments into “improvement notices” after a committee of lawyers identified discrepancies in the FDA’s assessment.

The court took this decision during a hearing on August 3, 2026, when it directed that new inspections should be conducted at both the identified restaurants and the Mantralaya canteen. This situation arose amidst a broader crackdown by the FDA on food establishments throughout the state, which has resulted in the suspension of nearly 100 food outlet licences.

According to Acting Chief Justice Ravindra V Ghuge, the regulatory framework needs to apply uniformly. The court articulated a desire for parity, questioning why a long-standing restaurant faced a suspension over hygiene issues while a government canteen enjoyed more lenient treatment despite a reported high compliance rate.

Discrepancies Highlighted In Inspections

A report submitted by a four-member committee of lawyers, which included advocates Ganu, Kainaz Irani, Feroze Bharucha, and Surya Samrat, raised concerns about the inspection processes employed by the FDA. The committee’s findings indicated considerable gaps between the FDA’s reported compliance levels and the reality observed during their inspections of government canteens.

The lawyers noted troubling conditions such as inadequate refrigeration facilities, contradicting the FDA’s assertion of near-total compliance. The court also pointed out the stark differences in how long inspections at private establishments and government canteens were conducted, with the former taking much longer. This raised questions regarding the reliability of the FDA’s findings.

In light of these concerns, the court instructed FDA Commissioner Tukaram Mundhe to thoroughly review the inspection reports related to the government canteens. The previous inspections had reportedly been completed in mere minutes, raising doubts about their thoroughness.

FDA Adjusts Its Approach Following Court Ruling

Following the court’s intervention, the FDA announced that the suspension notices issued to Poornima Restaurant would now be reclassified as show-cause or improvement notices. Additionally, similar notices will also be given to the Mantralaya canteen. The establishments have been granted time until Tuesday to rectify the identified food safety concerns, with new inspections scheduled for Wednesday.

This development represents a significant shift in the FDA’s enforcement approach, previously characterised by stringent action against numerous food outlets across Maharashtra. The court’s ruling emphasizes the need for regulatory bodies to apply the same standards irrespective of whether an establishment is privately owned or government-operated.

The origins of this case can be traced back to a series of inspections that have led to intense scrutiny over the FDA’s methodologies. The Bombay High Court previously questioned the agency’s enforcement tactics, particularly in light of a recent suspension involving a hotel in Navi Mumbai. Critics have increasingly called for accountability and uniformity in food safety regulations.

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