PTI
Mumbai
The Bombay High Court on Friday admonished Maharashtra Food and Drug Administration (FDA) for its partial action against eateries and hotels in the megapolis and ordered that an improvement notice be issued to the Mantralaya canteens after an inspection by a lawyers’ panel revealed they were unclean and had insects.
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said the FDA needs to be “fair, impartial and uniform” in its drive concerning hotels and eateries, including those in government and semi-government establishments.
While questioning the agency’s 98% clean certificate to the Mantralaya canteens, the court had ordered a panel of four lawyers to carry out inspection there.
The lawyers on Friday afternoon submitted a report stating the panel found the canteens to be unclean with broken sewage and open drainage system and cockroaches and flies in the kitchen area floors and walls.
The bench, after examining the photographs submitted by the panel, expressed shock and said FDA ought to issue a notice to the Mantralaya canteens too.
The court was irked to note that for similar deficiencies, the FDA had issued a suspension notice to Poornima restaurant in south Mumbai but the Mantralaya canteens were declared 98% compliant of rules.
Senior counsel Venkatesh Dhond, appearing for Poornima restaurant, had told court the FDA issued a suspension notice without following the due process of law
“Suspend the licence of Mantralaya (canteens) too then. Either suspend this licence or restore Poornima’s licence. We want parity, every individual in this country is equal. No one is above the law,” the HC said. It added that everybody needs to be given a chance and if one eatery is bad then the Mantralaya canteens are equally bad.
“If one restaurant’s licence has to be suspended then even Mantralaya canteens have to be suspended,” the HC said.
The FDA lawyers then submitted that the suspension notice to Poornima would be converted to an improvement notice and a re-inspection would be carried out.
The court accepted and said the suspension notice issued to Poornima restaurant would be converted into a show cause improvement notice and similar notices would be issued to the three canteens at Mantralaya.
“Time would be granted to these places till Tuesday and a fresh inspection shall be carried out by the FDA on Wednesday,” HC said posting the matter for further hearing on August 6.
The bench ordered FDA Commissioner Tukaram Mundhe to also review the reports submitted by his officers giving 98% compliance to the Mantralaya canteens and take appropriate action against them for “lying”.
The bench said what the FDA and its commissioner Mundhe were doing was laudable and worthy of being appreciated but at the same time the agency also needed to remain impartial.
