Maharashtra FDA Revokes Suspension, Restores Licences Of Mumbai Cricket Association Eateries

New Delhi: The Maharashtra Food and Drug Administration (FDA) has withdrawn its suspension orders against five eateries operating on the Mumbai Cricket Association (MCA) premises in Mumbai's Bandra-Kurla Complex (BKC), following strong intervention by the Bombay High Court.

The decision came after a fresh inspection found the eateries to be 88% compliant with food safety regulations, prompting the High Court to question why the FDA continued to keep their licences suspended.

A division bench comprising Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad was hearing petitions filed by the MCA challenging the suspension of the licences.

The five eateries - Permit Room, Pavilion, Mediterranean, Oriental Swing, and Clubway & Pastry Counter - are located within the MCA's Sharad Pawar Indoor Cricket Academy and Recreational Centre in BKC. 

Why Were The Licences Suspended?

The FDA had inspected the MCA premises on August 20 and subsequently suspended the licences of the five eateries on August 21.

The initial inspection had flagged several alleged food safety and hygiene deficiencies, including issues related to refrigeration, food handling and storage, temperature control and sanitation. The FDA had also raised concerns over the eateries being operated by M/s Shirke Infrastructure, while the food licences remained registered in the name of the MCA.

The MCA challenged the action before the Bombay High Court, arguing that the establishments had substantially improved their compliance.

On August 25, the High Court directed the FDA to conduct a fresh inspection and submit a detailed report on the eateries' compliance. In the interim, the court had permitted tea and coffee to be served through vending machines during tournaments, while meals remained prohibited.

Fresh Inspection Finds 88% Compliance

Following the court's direction, the FDA carried out a fresh inspection on Thursday. The subsequent report found the five eateries to be 88% compliant with food safety requirements.

The High Court noted that the establishments had cleared the deficiencies identified during the earlier inspection and questioned the FDA's decision to continue the suspension despite the improved compliance.

The court criticised the FDA for adopting what it described as a “pedantic instead of pragmatic” approach and accused officials of failing to properly follow its earlier directions.

The bench warned that contempt proceedings could be initiated against the officials concerned, with the judges expressing strong displeasure over what they considered an undue haste in the regulatory action.

The court also questioned the FDA's approach, asking why officials were acting in such haste and whether they believed they could exercise unrestricted authority.

FDA Agrees To Withdraw Suspension

Following the court's observations, Additional Government Pleader P P Kakade informed the bench that the FDA would withdraw the suspension orders against the five eateries.

The FDA will, however, issue a fresh notice to the MCA concerning the contractual arrangement with Shirke Infrastructure and provide the association an opportunity to respond before taking a reasoned decision on that issue.

The High Court accepted the undertaking and allowed the eateries to resume operations, noting that once the establishments had demonstrated compliance, there was no legal basis to continue the suspension solely on the issue being examined separately.

The court subsequently disposed of the petitions.

The episode comes amid a wider food-safety enforcement drive by the Maharashtra FDA, which has intensified inspections and action against eateries and food establishments across the state in recent months.

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