‘We Are in India, We Have To Take a Realistic Stand’: Bombay High Court Quashes FDA Action Against Park Inn by Radisson

The Bombay High Court has quashed an order by the Maharashtra Food and Drug Administration (FDA) suspending the food licence of a four-star hotel in Navi Mumbai over hygiene lapses, observing that the regulator needed to adopt a more realistic approach given the country's conditions. A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad noted on Wednesday that the FDA's decision was based on the discovery of just two small insects during an inspection, and that this solitary finding did not justify continuing the suspension when the hotel's overall compliance on hygiene, maintenance and operations had been rated satisfactory. "We are in India. We have to take a realistic stand," the court said while granting relief to the hotel.

Background Of The Case

The FDA had suspended the Food Safety Standards Authority of India (FSSAI) licence of Park Inn by Radisson on July 3, citing serious lapses in hygiene, sanitation, food storage and food handling practices. The action came a day after a surprise inspection of the premises. Maharashtra FDA Staff Allege Double Shifts, Severe Work Pressure Amid Staff Shortage.

The hotel subsequently approached the High Court, arguing that the suspension order was excessive and disproportionate to the violation found. According to the FDA's own assessment, the hotel had scored 95 per cent on compliance, with insects found only in the kitchen area triggering the suspension.

Arguments Before The Court

Government Pleader Neha Bhide, representing the FDA, told the court that food safety and hygiene standards could not be compromised regardless of scale. She argued that the presence of even a single insect amounted to non-compliance that could not be excused, and pointed out that the Food Safety Act already provides an appeal mechanism before the Food Safety Commissioner. What Items Are Banned Under Maharashtra FDA’s School Junk Food Rules? Check Full List.

The bench, however, questioned whether one lapse alone warranted the extreme step of suspension when the establishment had otherwise largely met the required standards. Acting Chief Justice Ghuge remarked in a lighter vein that even the court's own premises had recently seen a stray insect, underlining the need for a proportionate response rather than an automatic shutdown.

Court's Directions

Quashing the suspension, the High Court directed authorities to immediately restore the hotel's FSSAI licence and allow it to resume food business operations without delay.

The bench also raised questions about whether food safety norms were being applied uniformly across establishments. It directed the FDA to inspect government and semi-government canteens, including those at Mantralaya and the High Court itself, and to submit a status report along with video recordings of the inspections.

Bhide responded that the FDA had not adopted a selective approach, noting that canteens run by the Brihanmumbai Municipal Corporation, the civic-run KEM Hospital, the Cricket Club of India, and several other prominent clubs in Mumbai had also been inspected and shut down in the past for food safety violations.

What Happens Next

The case has been posted for further hearing on July 31, when the FDA is expected to submit detailed records of inspections carried out across government and semi-government establishments in the state.

(The above story first appeared on LatestLY on Jul 31, 2026 05:32 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).