Bombay High Court Overturns FDA Licensing Ban on Navi Mumbai Hotel
The court ruled that finding two insects was insufficient grounds to shut down a hotel with a 95% compliance score. Judges ordered a broader investigation into whether food safety norms are applied consistently to government canteens.
Pragmatic Standards for Food Safety Enforcement
The Bombay High Court has set aside a Maharashtra Food and Drug Administration (FDA) order that suspended the operating license of Park Inn by Radisson, a four-star establishment in Navi Mumbai. Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad determined that the regulator's decision lacked proportionality given the hotel's otherwise strong performance records.
The legal dispute began after a surprise FDA inspection on July 2, 2026. While the agency acknowledged the hotel achieved a 95% compliance rating for hygiene and maintenance, it issued a suspension order on July 3, citing serious lapses after discovering two small insects in the kitchen. Justice Ghuge remarked on the need for a realistic perspective, noting that a single finding of insects should not negate an overall favorable inspection report.
Questions of Proportionality and Uniformity
Government Pleader Neha Bhide defended the FDA's strict stance on Wednesday, July 29, 2026, arguing that even a single insect constitutes a violation under food safety laws. She maintained that no compromise should be made on sanitation and suggested the hotel pursue statutory appeals through the Food Safety Commissioner. However, the court questioned the severity of the penalty for an establishment that had substantially met prescribed norms.
The Bench also pushed for broader accountability, demanding that the FDA prove its enforcement is not selective. The judges issued the following directives to the regulator:
- Perform comprehensive inspections of all government and semi-government canteens, including those at Mantralaya and the High Court premises.
- Submit detailed status reports of these inspections accompanied by video evidence.
- Provide documentation of inspections conducted across the entire state of Maharashtra.
Regulatory Defense and Next Steps
The FDA representative denied any "pick and choose" strategy, informing the court that several prominent entities—including the Cricket Club of India, Mumbai civic-run KEM Hospital, and canteens managed by the Brihanmumbai Municipal Corporation—had previously faced shutdowns for safety violations. Despite these arguments, the court ordered the immediate restoration of the hotel's FSSAI license. The matter is scheduled for further hearing on July 31, 2026, when the FDA must present its state-wide inspection data.
Source: The Hindu — National
