The Bombay High Court has strongly criticised the Maharashtra Food and Drug Administration (FDA) for what it found to be unequal enforcement of food safety rules against private restaurants while showing leniency towards government-run canteens. Observing that "no one is above the law," the Court directed the FDA to ensure uniform enforcement and ordered fresh inspections of both private establishments and canteens inside Mantralaya and Vidhan Bhavan.
The observations came while hearing petitions filed by private food establishments challenging the suspension of their food safety licences.
Background of the Case
The petitions were filed after the FDA suspended the licences of private eateries, including Poornima Restaurant, following inspections that recorded food safety deficiencies. During an earlier hearing, the High Court had instructed the FDA to inspect canteens functioning in government establishments, including Mantralaya and Vidhan Bhavan, and submit compliance reports.
The FDA later informed the Court that these government canteens were 98% compliant with food safety norms. The claim, however, raised concerns before the Bench, which questioned whether the same standards were being applied to both private and government-run establishments.
To independently verify the report, the Court appointed four advocates to inspect the Mantralaya canteens alongside FDA officials.
Court's Observations
The advocates' inspection presented a very different picture. According to the report placed before the Court, hygiene conditions inside the canteens were unsatisfactory, with concerns relating to cleanliness, refrigeration facilities and overall maintenance. The Bench noted that the independent findings did not match the FDA's official inspection report.
Expressing concern over the apparent inconsistency, the Bench observed:
"The department has to be impartial with all, whether it is private or State. No litigant before the court should feel that private commercial establishments are meted out with different standards."
The judges also emphasised:
"We want parity. Everyone is under the law. VVIPs are surely not above the law."
The Court remarked that while private restaurants were subjected to lengthy inspections and immediate licence suspensions for comparatively minor deficiencies, government canteens had been declared almost fully compliant after much shorter inspections.
The Bench further observed that authorities should ordinarily provide an opportunity to rectify shortcomings before resorting to suspension wherever appropriate, noting,
"The medication should not be worse than the disease."
Court's Decision
Taking note of the material before it, the High Court directed that the suspension notices issued to the private restaurants be kept in abeyance for the time being. Instead, the FDA was asked to issue improvement notices, allowing the establishments time to rectify the identified deficiencies before fresh inspections.
The Court also directed that the same approach be followed for the Mantralaya and Vidhan Bhavan canteens. Additionally, the FDA Commissioner was instructed to scrutinise the inspection reports submitted to the Court and take appropriate steps to ensure impartial and uniform enforcement of food safety laws.
The matter has been listed for further hearing on August 6, 2026.
Case Details
Case Title: Poornima Restaurant & Others v. State of Maharashtra & Others
Case Number: Writ Petition No. 3582 of 2026 (along with connected matters)
Judge: Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad
Decision Date: July 31, 2026
