“Do You Feel You Are a Lord?”: Bombay HC Slams FDA, Orders Reopening of Five MCA Eateries
MUMBAI: In a stern rebuke to the Maharashtra Food and Drug Administration (FDA), the Bombay High Court has ordered the immediate reopening of five restaurants located within the Mumbai Cricket Association (MCA) premises. The court’s decision follows a heated hearing in which the bench warned state officials of potential contempt proceedings for their persistent refusal to lift license suspensions despite clear evidence of hygiene compliance.
The division bench, comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, expressed deep frustration with the department’s administrative conduct. The dispute, which originated from the FDA’s summary suspension of food licenses over alleged hygiene violations and contractual concerns, culminated in the court vacating the suspension orders after a fresh inspection revealed that the eateries were 88% compliant with food safety standards.
A “Pedantic” Approach
The High Court’s intervention came after the FDA remained defiant, refusing to restore operations even after the MCA addressed the primary hygiene concerns. While the MCA is the registered license holder, the FDA had maintained its suspension based on the argument that the facilities were being operated by a third party, M/s Shirke Infrastructure.
The bench criticized the FDA for adopting a “pedantic instead of pragmatic view,” noting that the department had willfully ignored previous judicial guidance to handle the matter with nuance.
“We are tired of scolding the department and officers all the time,” the bench remarked during the hearing. “It is now time to pass stinging orders. We will issue contempt action against the concerned officers. Let them convince us or go to jail.”
“Do You Feel You Are a Lord?”
The court’s sharp questioning highlighted a broader concern regarding the overreach of regulatory authorities. Addressing the FDA’s aggressive stance, Justice Ghuge questioned the department’s mindset, famously asking, “Do you feel you are a lord and you can do anything?”
The court further admonished the FDA for acting with “undue haste” and failing to conduct a thorough legal analysis before imposing such heavy-handed sanctions. The judges reiterated the principle that regulators should not use a “sword to kill a mosquito,” urging the department to adopt a balanced approach that promotes food safety without causing unnecessary economic disruption.
Resolution in Sight
Under the court’s latest directives, the FDA has committed to issuing a fresh notice to the MCA. This process will grant the association an opportunity to formally present its case regarding the contractual arrangements with the third-party operator, followed by a reasoned order from the department.
In the interim, the eateries are permitted to resume business. The court emphasized that there is no provision in the law that justifies continued suspension when a facility is found to be compliant with safety requirements.
This development follows an earlier hearing where the High Court had praised FDA Commissioner Tukaram Mundhe’s ongoing drive to improve food hygiene across the state, while simultaneously cautioning that such enforcement must be carried out in a consistent and structured manner, rather than through ad-hoc, punitive actions.
