MUMBAI: The Bombay high court on Tuesday questioned the Maharashtra Food and Drug Administration (FDA) over its inspection process and directed it to conduct a fresh inspection of the Mumbai Cricket Association (MCA) club premises on August 27. The court also permitted tea and coffee to be served through vending machines as a temporary arrangement.The FDA had suspended the food licences of restaurants at the premier club following an inspection on August 21. The MCA and the restaurant operator subsequently approached the HC, challenging the suspension as arbitrary.Senior counsel Vikram Nankani, appearing for the MCA, argued that the suspension was unwarranted, while senior counsel Vineet Naik, representing the restaurant operator, supported the challenge. Nankani also pointed out that tournaments were currently underway at the club.A bench led by Acting Chief Justice R V Ghuge praised FDA Commissioner Tukaram Mundhe’s drive to address hygiene lapses but stressed the need for consistency in inspections.“The FDA is doing a good job,” the Acting Chief Justice orally observed, while adding, “Do it consistently and not in an ad hoc manner.”The court also questioned the FDA, represented by advocate PP Kakade, about the inspection methodology. “Why have you deviated from the form of giving marks?” the HC asked.The court noted that the MCA inspection report did not assign marks to individual categories to indicate the percentage of compliance. It consequently directed the FDA to conduct a fresh inspection.As tournaments were underway, the court allowed tea and coffee to be served through automatic vending machines. It clarified that the arrangement would be temporary.When the FDA said the club could appeal before the FDA commissioner, the HC observed that such an appeal would not provide an immediate remedy as appeals often take time to be decided.Kakade argued that the matter involved not only hygiene concerns but also issues relating to the licence and its conditions. The HC directed the FDA to apply its mind to the “licence issue” and file its reply by Friday.The court posted the matter for further hearing on Saturday, without granting the MCA interim relief against the suspension of the food licences.The HC said the FDA’s drive to address hygiene lapses was “welcome” and should continue, but stressed that inspections and enforcement must be carried out consistently.
