The suspension orders issued against five food establishments operating at the Mumbai Cricket Association’s (MCA) premises in Bandra-Kurla Complex were withdrawn by the Maharashtra Food and Drugs Administration (FDA) on Saturday, after concerns were raised by the Bombay High Court over the manner in which its earlier directions had been followed. A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was informed by the state government that the suspension orders would be withdrawn. The decision was conveyed after the bench warned that contempt proceedings could be initiated against the FDA assistant commissioner.
The matter had originated from an inspection conducted by FDA officials at the MCA premises on August 20. The association’s food licence was suspended the following day over alleged violations of food safety requirements. Deficiencies concerning food handling, storage, refrigeration and sanitation were flagged at five establishments — Permit Room, Pavilion, Mediterranean, Oriental Swing, and Clubway and Pastry Counter — operating from the Sharad Pawar Indoor Cricket Academy and Recreational Centre in BKC.
Five separate petitions were subsequently filed by the MCA challenging the suspensions. It was submitted by the association that 98% compliance with food safety norms had been achieved by the establishments. It was also argued that the deficiencies allegedly detected during the inspection had not been specified in the suspension orders and that no complaints had been received against the outlets.
On August 25, fresh inspections of all food establishments at the MCA premises had been ordered by the High Court and the FDA had been directed to take a fresh decision. Until then, food service had been restricted, with only tea and coffee dispensed through vending machines being permitted. The FDA was also directed to place its findings before the court. When the matter was subsequently heard, the fresh order issued by the assistant commissioner was questioned by the bench. It was observed that the order continued to follow a “mechanical” format and did not adequately address the issues previously raised. The court had also noted that the inspection assessment did not mention the marks awarded for various activities, as was normally recorded in such matters.
Consideration of the agreement between the MCA and Shirke Infrastructure, the partnership firm operating the food establishments, had also been specifically directed by the court. It was submitted by the MCA that responsibility for obtaining the required registration or licence in the association’s name for catering operations had been placed on the contractor under the agreement. The speed with which the regulatory action had been taken was also questioned by the bench. Acting Chief Justice Ghuge was quoted as asking “why this haste”, while observing that the court’s orders and applicable law were required to be considered. The court also recalled its earlier warning to the FDA “not to kill a mosquito with a sword”. After the government lawyer consulted FDA officials present in court, the bench was informed that the suspension orders covering all five establishments were being withdrawn.
The MCA had further argued that the immediate suspension had resulted in the shutdown of food and beverage operations without prior notice, issuance of a show-cause notice or an opportunity for the association to be heard.