Bombay High Court revokes FDA suspension of Radisson hotel licence over hygiene issues

The Bombay High Court on Thursday set aside a decision by the Food and Drug Administration (FDA) to suspend the licence of a Radisson hotel in Mumbai over alleged hygiene violations. The court called the regulator's approach unrealistic and out of touch with ground realities in India.

Court slams FDA for 'unrealistic' standards

A division bench of the Bombay High Court sharply criticised the FDA during the hearing. "Be realistic, we're in India," the court observed, as it quashed the suspension order.

The judge remarked that flies landing on tables are a common sight across the country. "We are in India, a fly is on my table," the judge said, dismissing the FDA's rigid enforcement of hygiene norms.

The court directed the FDA to focus its inspections on government-run canteens before penalising private establishments. It asked why the regulator was not taking similar action against state-run facilities if hygiene was the primary concern.

FDA crackdown on hotels under scrutiny

The FDA had suspended the Radisson's licence after a surprise inspection found what it termed as unsatisfactory hygiene conditions. The hotel challenged the order, arguing that the action was disproportionate and that the standard applied was impossible to meet.

Senior counsel appearing for the hotel told the court that the FDA had not given the establishment adequate time to respond before suspending the licence. The court agreed, noting that the regulator's haste suggested a predetermined outcome rather than a fair assessment.

The High Court's intervention comes amid a broader FDA crackdown on hotels and restaurants in Mumbai. Several establishments have faced licence suspensions or closures in recent weeks, leading to concern among industry bodies.

Debate over food safety enforcement

The case has reignited debate over how food safety laws should be enforced in India. Industry representatives argue that the FDA's approach is often arbitrary and fails to account for the country's diverse and challenging environment.

Legal experts point out that while hygiene standards are important, regulators must apply them reasonably. The High Court's observation underlines that a one-size-fits-all approach may not work in a country where infrastructure and pest control remain persistent issues.

The court has now asked the FDA to reconsider its actions and to ensure that its inspections are conducted with a sense of proportion. It also suggested that the regulator should first clean up government facilities before targeting the private sector.

What happens next

The Radisson hotel can resume operations following the court's order. The FDA is expected to review its inspection protocols in light of the High Court's remarks. Industry bodies are likely to push for clearer guidelines on hygiene enforcement to avoid similar disputes in the future.