‘We are in India, a fly is on my table’: Bombay HC judge as FDA suspends licence of top Mumbai hotel

“Last week, there was a big insect sitting right in front of my table. So what can we do?" the bench said.

The Food and Drug Administration (FDA) must take “realistic” action against canteens and food establishments over proper violations of safety standards and not merely over the presence of an insect on the table, the Bombay High Court said on Wednesday.

The FDA is conducting a massive crackdown against hotel operators in Maharashtra. (Unsplash (representative image))

“Last week, there was a big insect sitting right in front of my table. So what can we do? I was telling you about a fly, no? Just now there is a fly on my table,” a bench headed by Acting Chief Justice Ravindra V Ghuge jokingly remarked.

“We are in India, madam. We want to take a realistic step,” he added.

The Acting Chief Justice was hearing a petition by hotel Park Inn by Radisson in Navi Mumbai against the suspension of its Food Safety and Standards Authority of India (FSSAI) licence over alleged violations on July 3 after a surprise inspection by FDA officials.

The FDA is conducting a massive crackdown against hotel operators in the state.

"You have to give the improvement notice and if the petitioner doesn't comply, you can suspend the licence. You did exactly the opposite,” the bench, also comprising Justice Gautam A Ankhad, said as it questioned the FDA’s action.

Advocate Mayur Khandeparkar, appearing for the petitioner, argued that while the FDA is undertaking a state-wide drive, the action must be "just" and strictly follow due procedure, including issuing an improvement notice and providing an opportunity to be heard.

“This issue is not about one cockroach or 10 cockroaches. But a license cannot be suspended based solely on a checklist,” the hotel said.

Defending the state authorities, government pleader Neha Bhide rejected allegations of a "pick and choose" approach. She said canteens at the Brihanmumbai Municipal Corporation (BMC), KEM Hospital, and prominent establishments, such as the Cricket Club of India (CCI) were also shut down following suspension orders.

The bench directed the state to submit a report by July 31 detailing the inspections carried across the state, including canteens operated directly or on a contract basis with government departments.

Bhide said the state government will apprise the court of all inspections conducted across Maharashtra, including details of state and semi-government eating facilities that are yet to be inspected, by the end of the month.

The court said it would pass an order in due course, and posted the matter for further hearing on Friday.