The Bombay High Court has criticized the Maharashtra FDA for inconsistent food safety enforcement between private restaurants and government canteens. Following reports of bias, the court has ordered fresh inspections and converted license suspensions into improvement notices for several private eateries.
The Bombay High Court has expressed strong disapproval regarding the inspection standards maintained by the Maharashtra Food and Drug Administration (FDA). In a hearing held on Monday, the court challenged the regulator's practice of issuing immediate license suspensions to private restaurants for minor hygiene lapses while simultaneously showing leniency toward state-run facilities that reported similar or more significant compliance issues.
Court Mandates Uniform Inspection Standards
The bench, led by Acting Chief Justice Ravindra V Ghuge and Justice Gautam Ankhad, intervened in a dispute involving four private eating establishments, including the well-known Poornima Restaurant. The court ordered the FDA to convert existing license suspension notices for these establishments into improvement notices, allowing them to continue operations while rectifying hygiene concerns. This judicial directive stems from a report submitted by a four-member lawyers' committee, which investigated the discrepancies between FDA audit records and actual conditions at facilities such as the Mantralaya canteen. The committee highlighted that the FDA had previously cleared the government-run canteen with a 98% compliance rating, despite visible issues like inadequate refrigeration.
Impact on Regulatory Enforcement
Beyond the specific cases addressed, this order forms part of a larger judicial review concerning approximately 100 food outlets across Maharashtra that have faced recent regulatory action. The court emphasized that administrative enforcement must be impartial, explicitly stating that government facilities are not exempt from the same safety standards applied to private businesses. Furthermore, the bench questioned the quality of previous audits, noting that government canteens were often cleared after brief 30-to-40-minute inspections, which the court deemed unreliable. FDA Commissioner Tukaram Mundhe has been instructed to oversee a more rigorous review process.
Next Steps in Regulatory Oversight
The court has scheduled fresh, synchronized inspections for both the private restaurants and the Mantralaya canteen to take place this Wednesday. Investors and stakeholders in the food and hospitality sector may monitor these upcoming reports, as the outcome will likely set a precedent for how the FDA conducts future compliance checks. The focus remains on whether the regulator will adopt standardized inspection timelines and criteria, which would provide greater operational clarity for restaurants and food businesses operating within the state.