The Bombay High Court questioned why the Maharashtra Food and Drugs Administration (FDA) kept a Pune sweet shop closed for 34 days even after a re-inspection revealed it was 98% compliant with food safety regulations. The court ultimately ordered the agency to pay Rs 5 lakh in compensation.
“This is plain and simple perversity. Absolute strange policies. Least said, the better. Once you clear with 98%, you say, now, go and file an appeal. What is this? Torturing citizens,” the court stated, according to Bar and Bench, as it came down heavily on the Tukaram Mundhe-led FDA, which has been running a broader crackdown on five-star hotels, restaurants, clubs and dark stores of quick-commerce companies over food safety and hygiene concerns.
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The Case That Irked The Court
The High Court’s rebuke came while hearing a challenge filed by Gurunanak Dairy and Sweets against the suspension of its food licence. The court went on to revoke the suspension order altogether, allowing the sweet shop to resume operations with immediate effect.
The Bench was especially concerned that the store had passed a new inspection and received 35 out of 36 points, or a 98% compliance level, following first action due to food safety issues. Even with this almost ideal outcome, the FDA did not reinstate its licensing.
FDA’s “Lame Excuse”
The department’s defence was that the business couldn’t be allowed to reopen because an internal appeal against the suspension was still pending. The court wasn’t convinced. Calling the explanation a “lame excuse,” the Bench questioned the logic of expecting a business to pursue an appeal even after it had already secured an almost perfect compliance score.
Where The Court Drew The Line
The High Court made clear it wasn’t disputing the FDA’s broader mandate; it also acknowledged that the department had a legitimate and important objective in enforcing food safety standards.
However, the Bench found that the FDA had overstepped in how it handled the shop’s case after the re-inspection, according to reports.
The court’s criticism wasn’t directed at the FDA’s initial decision to act on food safety concerns, but specifically at its decision to keep the business shut even after the follow-up inspection returned a 98% compliance score.
FDA Told To Pay Rs 5 Lakh
Holding the FDA accountable for the financial damage caused by the prolonged closure, the High Court ordered the department to pay Rs 5 lakh in compensation to Gurunanak Dairy and Sweets, with the amount to be deposited within 30 days, India Today reported.
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Alongside the compensation order, the Bench reportedly revoked the suspension order against the shop, clearing the way for it to resume operations immediately.
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