Daijiworld Media Network - Mumbai

Mumbai, Aug 18: The Bombay High Court has directed the Maharashtra Food and Drug Administration (FDA) to pay Rs 5 lakh to a Pune-based sweets shop after the department continued to keep its food licence suspended despite the establishment achieving 98% compliance with food safety norms.

The order came in the case of Gurunanak Dairy and Sweets in Wadgaon-Sheri, whose licence was suspended by the FDA on June 12, a day after a food poisoning incident. The department had directed the shop to stop its operations.

According to the retailer's petition, the licence was suspended without an improvement notice being issued or an opportunity for a hearing.

The shop subsequently submitted a compliance report. During a re-inspection conducted by a food safety officer on July 13, the establishment was found to be 98% compliant, with 35 of 36 parameters meeting the prescribed standards.

Despite the compliance report, the FDA did not revoke the suspension.

The retailer filed an appeal before the FDA commissioner on July 15. After the appeal remained undecided, the shop approached the Bombay High Court seeking relief.

The court set aside the continued suspension and directed that the June 12 suspension order be vacated “forthwith”, allowing Gurunanak Dairy and Sweets to resume operations.

The judges observed that while the FDA's intention to ensure food safety was “laudable”, the department had gone overboard in continuing the suspension after the shop had substantially complied with the required norms.

“You should have immediately revoked the suspension of the licence once you noticed 98 per cent compliance,” Acting Chief Justice Ghuge observed, according to The Times of India.

“Once you clear 98 per cent, you say, now go and file an appeal. What is this? Torturing citizens,” Justice Ghuge said.

The High Court also directed the FDA to pay Rs 5 lakh towards the losses suffered by the shop because the suspension was not revoked despite the substantial compliance.

The advocate representing the sweets shop told the court that the retailer had suffered losses of nearly Rs 8.5 lakh since achieving the required compliance.

The Maharashtra FDA has recently stepped up enforcement action against food safety and hygiene violations across the state under the leadership of FDA Commissioner Tukaram Mundhe.