Mumbai: Delivering a sharp reprimand to the Food and Drugs Administration (FDA) of Maharashtra and Commissioner Tukaram Mundhe, the Bombay High Court has questioned the regulatory authority's unyielding stance after it kept five prominent restaurants at the Mumbai Cricket Association (MCA) complex shut despite a joint re-inspection revealing an 88% compliance score with statutory food safety norms. Criticizing the department's rigid posture, the division bench remarked, "Do you feel you are a lord and you can do anything?" and admonished the administration for adopting a pedantic rather than pragmatic approach toward regulatory enforcement. For live legal analysis, regulatory policy updates, and civic governance reports, explore our legal and national reporting portal.

The Compliance Dispute and Operating Arrangement

The regulatory conflict arose after the Maharashtra FDA executed a high-profile inspection drive across hospitality establishments in Mumbai, subsequently issuing orders to suspend the operating licences of five dining outlets located within the MCA complex in Bandra Kurla Complex (BKC). The initial action was grounded on alleged hygiene infractions and regulatory concerns surrounding the operational framework of the kitchens.

However, following a court-monitored subsequent inspection, independent compliance auditors and food safety officers logged an overall compliance rating of 88%, noting that major structural and hygienic rectifications had been implemented. Despite this substantial compliance score, the FDA persisted with its suspension directives, asserting that a technical breach existed because the statutory food licences were held under the name of the Mumbai Cricket Association while daily kitchen operations were managed via a third-party operating agreement with Shirke Infrastructure.

High Court Observations on Regulatory Discretion

During the hearing, the division bench underscored the necessity of proportional administrative action, cautioning regulatory bodies against arbitrary overreach:

  • Pragmatism Over Pedantry: The court highlighted that when commercial establishments demonstrate substantial compliance—reaching 88% on standardized safety metrics—regulators should focus on corrective facilitation rather than prolonged shutdowns that harm enterprise and employment.
  • Contempt Warning: The bench warned that contempt proceedings could follow if judicial directions and fair-hearing procedures were bypassed in administrative enforcement.
  • Principle of Proportionality: The court observed that administrative discretion under food safety statutes must balance consumer welfare with reasonable opportunities for establishments to cure procedural defects.

Suspension Orders Vacated and Restaurants Reopened

Following the High Court's intervention, legal counsel representing the Maharashtra FDA agreed to issue a fresh, structured show-cause notice, conduct a formal hearing with the MCA management, and pass a reasoned speaking order in accordance with the law.

Recording the regulator's undertaking, the Bombay High Court officially vacated the suspension orders, granting immediate permission for all five restaurants at the BKC complex to resume operations. The ruling represents a notable judicial check on the FDA's recent aggressive enforcement drives, setting an important legal benchmark regarding regulatory proportionality under Indian food safety governance.