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Orders Fresh FDA Inspection of Mumbai Cricket Association Eateries After
Mumbai, – The on Tuesday directed the to conduct a fresh inspection of five eateries operated within the premises at Bandra-Kurla Complex, following the of their food licenses over serious hygiene violations. The bench of Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad also permitted the MCA to serve tea and coffee through automated vending machines until the compliance status is reassessed.
The Background: Cockroaches, Flies, and Slippery Floors
The FDA conducted a surprise inspection of the MCA’s eateries on , report seniors advocate appearing for the MCA. According to the regulator, the inspection uncovered cockroaches and flies in the kitchens, along with dirty and slippery floors. Based on these findings, the FDA suspended the food licenses of all five outlets the following day, prompting the MCA to challenge the orders before the High Court.
The MCA argued that the FDA should have first issued an under , giving the association an opportunity to rectify the deficiencies before resorting to . The bench, however, was not convinced. “If there is a of hygiene standards, then the FDA can decide to suspend the license forthwith,” the court observed, brushing aside the contention that a prior notice was mandatory.
Court Questions FDA’s ‘’ Report
During the hearing, the court expressed concern over the format of the impugned inspection orders. Specifically, the bench noted that the report used the vague term “” without providing numerical scores or detailing which specific activities had failed. “There is no mention of the marks which have been granted to various activities, as is normally done in every matter which we have seen in the cases that have come before us,” the judges remarked.
This lack of transparency led the court to order a fresh inspection, this time with a . The inspection must be carried out between 1:00 PM and 6:00 PM on . The FDA was directed to record a “proper score” in the report, reflecting the usual practice followed in similar evaluations.
The ‘Non-Vegetarian Tea’ Remark and
A lighter moment emerged when Nankani submitted that the left the MCA unable to serve even tea to cricketers using the facility. Acting Chief Justice Ghuge responded with a pointed jest: “There are flies and cockroaches in the restaurants' kitchens. It is non-vegetarian tea. Do they (cricketers) know they are consuming this tea?”
Nevertheless, the court recognized the immediate needs of athletes and visitors. “In order to cater to the need of the players, coaches, participants, and those connected with such tournaments,” the bench said, it granted permission for the MCA to operate automated tea and coffee vending machines. However, no other food-related activity is permitted until the is completed.
FDA Action Praised, but Practicality Demanded
While the court acknowledged the FDA’s crackdown as “laudable,” it also issued a word of caution. “Once a restaurant/eatery clears up the deficiencies, then the order needs to be immediately. It cannot be kept pending as the FDA's objective has been achieved,” the bench emphasized.
Additionally, the court directed the FDA to examine the contractual arrangement between the MCA and its concessionaire, . The petitioners argued that the service provider is legally obligated to obtain licenses in the name of the MCA while providing catering services. If this arrangement is legally permissible, the court said, “the Food & Drug Administration Department must apply its mind and take a pragmatic approach.”
What Happens Next?
The fresh inspection is scheduled for August 27, and the MCA has been asked to ensure the premises are thoroughly cleaned beforehand. The FDA must submit the new inspection reports to the court by the next hearing, set for , on the urgent supplementary board. Based on the results, the court will decide whether to lift the permanently.
The judgment underscores the need for both regulatory rigor and reasonableness in food safety enforcement, providing a framework where businesses are not left indefinitely penalized after addressing compliance issues. For thousands of cricketers and visitors at the MCA, the hope now rests on the outcome of Thursday’s clean chit – at least for their tea and coffee.
