2 insects in kitchen can't shut down 4-star Mumbai hotel: Court restores licence
The Bombay High Court has quashed an order of the Maharashtra Food and Drug Administration suspending the food licence of a four-star hotel in Navi
The Bombay High Court has quashed an order of the Maharashtra Food and Drug Administration suspending the food licence of a four-star hotel in Navi Mumbai over hygiene issues, saying the action was not justified on the basis of the finding of two small insects. Giving relief to Park Inn by Radisson, a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said the solitary finding had to be seen against the hotel's overall hygiene, maintenance and operational compliance, which the FDA itself had rated at 95 per cent. Read Full Story "We are in India. We have to take a realistic stand," the court said. The FDA had suspended the hotel's Food Safety Standards Authority of India licence on July 3, a day after a surprise inspection of the premises.
The order cited "serious lapses in hygiene, sanitation, food storage and food handling practices". The hotel then moved the high court, arguing that the order was drastic and disproportionate. According to the FDA, despite the 95 per cent compliance score, insects were found in the kitchen area, which led to the suspension. Government Pleader Neha Bhide told the court that there could be no compromise on food safety and hygiene. "There may be one insect or 10 insects, it doesn't matter. Non-compliance on this aspect cannot be conceded," she argued, adding that the Food Safety Act provides a statutory remedy of appeal before the Food Safety Commissioner. The bench, however, asked whether such a lapse alone justified the extreme step of suspension when the establishment had otherwise substantially complied with the prescribed norms.
In its order, the court said the "solitary finding regarding the presence of two insects" did not justify the continued suspension of the licence. In a lighter vein, ACJ Ghuge remarked, "Last week, there was a cockroach on our desk too. There is also one fly." The court then directed the authorities to immediately restore the hotel's FSSAI licence and allow it to resume its food business activities. The bench also questioned whether food safety norms were being enforced uniformly. It directed the FDA to inspect all government and semi-government eating establishments, including canteens at Mantralaya and the high court, and submit the status of those inspections along with video recordings. Bhide said there was no "pick and choose" approach by the FDA and that canteens run by the Brihanmumbai Municipal Corporation, civic-run KEM Hospital, the Cricket Club of India and several other prominent clubs in Mumbai had also been inspected and shut over food safety violations.
The BriefWire