‘We Are in India’: Bombay HC Quashes Suspension of Five-Star Hotel’s Food Licence
Summarized by AI; it may make mistakes. Check important info
Summarized by AI; it may make mistakes. Check important info
The Bombay High Court has set aside the suspension of the food licence of a five-star hotel, Park Inn by Radisson in Navi Mumbai, questioning whether such a drastic action was justified when inspectors found only two objections despite an overall compliance level of 95%.
The court also made a widely discussed observation that authorities must adopt a realistic approach while enforcing food safety regulations.
Court Questions FDA’s Action
A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad criticised the Food and Drug Administration (FDA) for suspending the hotel’s licence over what it described as limited violations.
The judges said it was not appropriate to keep the licence suspended when the inspection report showed high levels of compliance in cleanliness, maintenance, and operations.
“We are in India. We have to take a realistic stand,” the judge reportedly observed.
According to the court, regulatory authorities should adopt a practical and proportionate approach while taking enforcement action.
Flies and Cockroaches Remark
During the hearing, the judges made a notable observation, saying that even they had encountered a cockroach and a fly on their table the previous week, and questioned whether a licence should be suspended solely on that basis.
The remarks came while the court was examining whether the FDA’s decision was proportionate to the alleged violations.
FDA Defended Suspension
The FDA argued that food safety and hygiene standards cannot be compromised.
Officials said the hotel had achieved about 95% compliance, but the presence of a cockroach and a fly in the kitchen area was a serious food safety concern.
The regulator maintained that the number of pests was not the issue and that even a single instance of contamination could pose a risk to consumers.
Licence Restoration Ordered
The High Court directed the FDA to restore the hotel’s food licence immediately.
The court had earlier advised the regulator to issue a notice and provide an opportunity for corrective action before taking extreme measures such as licence suspension.
The bench also asked the FDA to consider the broader impact of such actions, including employment consequences.
Appeal Process Continues
The hotel has separately challenged the suspension before the Food Safety Commissioner, with the matter scheduled for a hearing on July 31.
The High Court has also sought details of inspections conducted by the FDA across Maharashtra as part of the proceedings.
