The Bombay High Court has strongly criticised the Maharashtra Food and Drug Administration (FDA) for failing to revoke the suspension of a Navi Mumbai restaurant's licence even after the establishment was declared fully compliant during a reinspection.
A division bench comprising Acting Chief Justice Ravindra V. Ghuge and Justice Gautam Ankhad revoked the suspension order issued against Hotel Pawan Bar and Restaurant in Belapur. The court also indicated that it is considering imposing costs on the FDA to compensate the restaurant owner for financial losses suffered during the period of closure.
According to the petition filed by the restaurant, the FDA inspected the premises on June 29 and found it to be only 63 percent compliant with food safety regulations. Based on this inspection, the authority suspended the restaurant's licence on June 30.
The restaurant challenged the decision by filing an appeal. During a reinspection conducted on July 14, the FDA certified the establishment as 100 percent compliant with all applicable norms. Despite issuing the compliance certificate, the department did not withdraw the suspension order, forcing the business to remain closed.
Representing the petitioner, advocates Mayur Khandeparkar and Sagar Shetty argued that there was no justification for continuing the suspension once the restaurant had met every regulatory requirement.
The bench questioned the FDA over its failure to restore the licence despite confirming complete compliance.
The judges observed that once the authority itself had certified the restaurant as fully compliant, there was no legal basis for allowing the suspension to continue. The court also raised concerns over the financial losses suffered by the restaurant owner because of the prolonged closure.
During the hearing, the bench remarked that although the FDA had recently become more active under Commissioner Tukaram Mundhe, it could not justify actions that unfairly harmed businesses. The court stated that remaining silent in such circumstances would amount to failing in its judicial duty.
The High Court directed the restaurant owner to file an affidavit detailing the financial losses incurred since July 14, when the establishment was declared fully compliant. The affidavit is expected to include the business's average daily income and the losses resulting from the continued closure.
The bench indicated that it would consider these figures while deciding whether to impose costs on the FDA as compensation for the losses caused by the delay in revoking the suspension.
The matter has been scheduled for further hearing, where the court will examine the compensation claim.
The latest observations come amid increased judicial scrutiny of the Maharashtra FDA's enforcement actions against food establishments across the state.
In a recent hearing involving canteens at Mantralaya, Maharashtra's state secretariat, the High Court criticised the FDA for reporting high compliance levels while an independent inspection by a court-appointed panel allegedly found unhygienic conditions, including cockroach and fly infestation, broken drainage, and an open sewage system.
Following that inspection, the court directed the FDA to issue improvement notices to the three Mantralaya canteens and continue monitoring their compliance.
The Maharashtra FDA has been conducting an extensive drive against hotels, restaurants, clubs, and other food establishments across the state to enforce food safety standards. However, recent court proceedings have highlighted concerns over the consistency and fairness of the department's enforcement measures, particularly in cases where businesses achieve full compliance but continue to face regulatory action.