Bombay High Court Urges FDA to Be “Realistic” in Food Safety Enforcement Amid Licence Suspensions

The CSR Journal Magazine

The Bombay High Court has called for a realistic viewpoint from the Maharashtra Food and Drug Administration (FDA) concerning its stringent actions against food establishments. During a hearing on July 29, 2026, the court acknowledged the importance of public health but advised the FDA to consider practical aspects when enforcing food safety norms.

The comments were made while a division bench led by Acting Chief Justice Ravindra V Ghuge evaluated a petition submitted by the Park Inn by Radisson hotel, located in Navi Mumbai. The hotel challenges the suspension of its food licence, which occurred following an unannounced inspection by the FDA earlier this month. Park Inn is among nearly 100 establishments in Maharashtra affected by the agency’s statewide enforcement initiative.

Advocate Mayur Khandeparkar, representing the hotel, contended that the license suspension occurred without sufficient documentation of the reasons behind it. He argued that minor infractions should not automatically lead to such severe consequences. “The presence of one cockroach or ten is not the focal point. A checklist should not justify a suspension,” he stated, advocating for a more lenient approach to minor food safety issues.

Court Highlights Need for Regular Inspections

During the proceedings, the bench highlighted the necessity of a balanced approach toward insect-related issues in food establishments. Acting Chief Justice Ghuge made a light-hearted remark about encountering a fly in the courtroom, suggesting that a realistic approach is essential in India. He urged the FDA to consider this perspective.

Government pleader Neha Bhide, defending the FDA’s actions, maintained the importance of strict measures, citing public health concerns as paramount. The bench’s remarks initiated a discussion on whether similar inspections were being carried out at government-run canteens, including that of the Bombay High Court.

Bhide informed the court about previous actions taken against government canteens, stating that the Brihanmumbai Municipal Corporation (BMC) canteen’s licence had been suspended due to safety violations. Following this, the court ordered an immediate inspection of the High Court canteen, expecting a report by the next day.

More Establishments Challenge FDA Actions

The Park Inn by Radisson is not alone in contesting the FDA’s decisions. The Poornima restaurant, an established Udupi eatery near the Bombay High Court in south Mumbai, is also taking legal action after its food licence was suspended. Its petition will likely be reviewed by the court on Friday.

In its appeal, Poornima has accused FDA officials of procedural errors, alleging that they acted unfairly and failed to follow established protocols as outlined in the Food Safety and Standards Act when suspending its licence.

The FDA has ramped up inspections across Maharashtra following the appointment of over 40 additional food safety officers earlier this year, enhancing its operational capacity. Recently, the agency suspended the food licences of several prominent clubs in Mumbai, including the Cricket Club of India and MIG Cricket Club, for severe hygiene and structural violations.

Issues identified during these inspections included pest infestations and unsuitable food storage conditions. Additionally, the Goregaon Sports Club was ordered to cease operations due to alleged non-compliance with food safety regulations. The establishment has refuted these claims, assuring its members that operations would continue with minor adjustments.

This month, iconic Mumbai establishments like Parsi Dairy Farm and K. Rustom & Co. also faced licence suspensions over reported hygiene failures. FDA officials stated that these actions were in response to public complaints, indicating a commitment to maintaining food safety. Establishments facing licence suspensions have the opportunity to rectify deficiencies and apply for licence restoration following a compliance review.

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