Bombay High Court Overturns Suspension of Hotel's Food License

In a significant ruling, the Bombay High Court has reversed the suspension of a food license for a Navi Mumbai hotel, deeming the action unjustified based on the discovery of only two insects. The court highlighted the hotel's overall compliance and cleanliness, which had received a 95% rating from the FDA. The judges questioned the appropriateness of such a severe penalty for a minor issue and directed the restoration of the hotel's license. This case raises important questions about the consistency of food safety regulations across various establishments.

By Narendra Chaudhary Jul 30, 2026, 14:42 IST

Court Ruling on Food License Suspension

The Bombay High Court has annulled the Maharashtra Food and Drug Administration's (FDA) decision to suspend the food license of a four-star hotel in Navi Mumbai. The court determined that the action was unjustified based solely on the discovery of two small insects. In a ruling favoring 'Park Inn by Radisson,' the bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad stated that this isolated incident should be evaluated in the context of the hotel's overall cleanliness, maintenance, and adherence to operational standards, which the FDA had rated at 95 percent.

The court emphasized the need for a practical approach, stating, 'We are in India.' The FDA had suspended the hotel's Food Safety Standards Authority of India (FSSAI) license on July 3, following an unannounced inspection conducted the previous day. The suspension order cited 'serious deficiencies' in cleanliness, sanitation, food storage, and handling practices.

Hotel's Appeal Against Strict Measures

Following the suspension, the hotel sought relief from the High Court, arguing that the order was excessively harsh and unwarranted. According to the FDA, despite a 95 percent compliance score, the presence of insects in the kitchen area warranted the suspension. Government lawyer Neha Bhide asserted that there can be no compromise on food safety and cleanliness, arguing that whether one insect or ten were found, it made no difference. She maintained that non-compliance with regulations cannot be tolerated and noted that there is a legal provision for appealing to the food safety commissioner under the Food Safety Act.

Court's Perspective on Food Safety Regulations

However, the bench questioned whether such a stringent measure as suspension was justified given that the establishment had largely complied with the established regulations. The court remarked that the mere presence of two insects should not be grounds for maintaining the suspension of the license. In a light-hearted comment, ACJ Ghuge mentioned that a cockroach had also been spotted on their desk last week, along with a fly. Consequently, the court instructed the authorities to promptly restore the hotel's FSSAI license, allowing it to resume its food business.

The bench further raised concerns about the uniform application of food safety regulations across the board, directing the FDA to inspect all government and semi-government food establishments, including the canteens of ministries and the High Court, and to submit the status of these inspections along with video recordings.