Key Update

The Bombay High Court has set aside the suspension of the Food Safety and Standards Authority of India (FSSAI) licence of Park Inn by Radisson Navi Mumbai, ruling that the discovery of only two insects during an otherwise satisfactory inspection did not justify the continued suspension of the hotel’s food business operations.

A division bench comprising Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad heard a petition filed by Lotus Pond Hotel Private Limited, which manages the hotel, challenging the suspension of its licence under the Food Safety and Standards Act, 2006.

Background

The Maharashtra Food and Drug Administration (FDA) suspended the hotel’s FSSAI licence on July 3, 2026, following a surprise inspection conducted a day earlier that identified alleged hygiene deficiencies and regulatory non-compliance. The suspension brought the hotel’s food operations to a halt, prompting the management to approach the High Court.

Court Relied on Fresh Inspection

During the proceedings, the bench considered the findings of a second inspection conducted by a special committee appointed under the court’s directions. The inspection awarded the hotel a Grade A rating and classified the establishment as “compliant/satisfactory.” The only adverse observation was the presence of two insects in the dishwashing and sweets section of the kitchen.

The court observed that this isolated finding, when viewed alongside the overall satisfactory inspection report, was insufficient to justify the continued suspension of the hotel’s food licence.

Compliance Achieved

The bench noted that the hotel had rectified most of the deficiencies identified during the earlier inspection and achieved approximately 95% compliance with food safety requirements.

The court further observed that the objective of suspending a food business licence under Section 32(3) of the Food Safety and Standards Act, 2006, is preventive in nature and intended to safeguard public health until identified deficiencies are corrected. Since the hotel had substantially addressed the shortcomings, the court held that continuing the suspension no longer served its intended purpose.

Licence Restored

The High Court restored the hotel’s FSSAI licence after accepting its undertaking to maintain the highest standards of hygiene and sanitation and ensure continued compliance with food safety regulations.

Arguments Before the Court

Counsel for the hotel argued that suspending a food business licence is an extraordinary measure that should only be invoked when there is an immediate threat to public health. The petitioner also contended that the suspension was arbitrary and disproportionate because the authorities had not issued the mandatory improvement notice before taking such action.

Representing the state, the Maharashtra FDA defended the suspension, stating that serious shortcomings in hygiene, sanitation, food storage, and food handling practices warranted immediate regulatory intervention.

Source: Indian Express