The Bombay High Court set aside the suspension of the Food Safety and Standards Authority of India (FSSAI) licence of Navi Mumbai's four-star Park Inn by Radisson, holding that the discovery of two insects during inspection did not, by itself, warrant continued regulatory action.
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad observed that a "solitary finding regarding the presence of two insects," when viewed alongside an inspection report recording 95% compliance with hygiene, maintenance and operational standards, was insufficient to justify keeping the hotel's licence under suspension.
"We are in India we have to take realistic stand," Acting Chief Justice Ghuge remarked during the hearing.
ALSO READ: Tukaram Mundhe Impact: Bombay HC Canteen Temporarily Shut After FDA Inspection
According to multiple media reports, the Maharashtra Food and Drug Administration (FDA) had suspended the hotel's licence on July 3 after a surprise inspection cited alleged lapses in hygiene, sanitation, food storage and handling practices.
The hotel challenged the order before the high court, following which fresh inspections were conducted under the court's directions. A report submitted on July 22 noted 95% compliance, while flagging cockroach infestation in the dishwasher and sweet preparation areas.
Appearing for the hotel, senior advocate Mayur Khandeparkar and advocate Sagar Shetty argued that the "mere presence of two insects is not a reason sufficient to place the establishment under suspension," particularly when other compliance requirements had been met. They contended that the continued suspension was arbitrary and furnished undertakings to maintain the highest standards of sanitation, hygiene and food safety.
The court accepted the undertakings and restored the licence, while making it clear that any future breach of the prescribed conditions would entitle the FDA to initiate fresh action.
ALSO READ: Setback For FDA's Tukaram Mundhe Amid Raids; 29 Employees Complain To Minister - What We Know
The bench also clarified that it was not deciding the larger legal question of whether a 14-day improvement notice is mandatory before an immediate suspension under the Food Safety and Standards Act, 2006, leaving that issue open for consideration in an appropriate case.
During the hearing, the court sought details of the FDA's ongoing statewide inspection drive, asking whether eateries run by government, semi-government and statutory bodies had also been inspected.
Government Pleader Neha Bhide told the court that details of inspections across Maharashtra, including government-operated and contract-run establishments, would be placed before it by Friday.
Essential Business Intelligence, Sharp Market Insights, Practical Personal Finance Advice, Daily Fuel, Gold and Silver Prices and Latest Stories — On NDTV Profit.