The Bombay High Court issued a sharp reprimand to the Maharashtra Food and Drug Administration (FDA) on Monday, ruling in favor of a sweet shop whose license remained suspended despite achieving high compliance. The court directed the regulatory body to pay 5 lakh rupees as compensation to the business owners following an arbitrary delay in restoring their operational status.
Court Questions Excessive Strictness in Food Safety Enforcement
During the proceedings, a bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankad described the approach of hotel and restaurant licensing policies as peculiar and distorted. While acknowledging that the intent behind food safety inspections is commendable, the bench noted that the authorities were exercising excessive strictness. The legal challenge was brought to the Bombay High Court by Gurunanak Dairy and Sweets from Pune, with the owner stating that the administrative action caused a revenue loss amounting to 8.74 lakh rupees.
License Not Restored Despite High Compliance Levels
The dispute originated on June 12 when an FDA food safety officer inspected the establishment following a food poisoning complaint. Concerns were raised regarding cleanliness and worker hygiene, leading to the immediate issuance of an order suspending the shop's license on the same day. In response, the proprietor appealed before the FDA Commissioner and submitted necessary compliance reports to rectify the flagged issues.
Re-Inspection Revealed 98 Percent Adherence to Norms
A subsequent inspection conducted on July 13 revealed that the dairy and sweets shop had achieved 98 percent compliance with safety rules, yet the authorities failed to reinstate the trade license. Left with no administrative remedy after their requests went unheeded, the owners approached the Food and Drug Administration (FDA) through legal counsel. The High Court has now permitted the business to resume operations while ordering the department to disburse the compensation within a month.
