‘Be realistic, we’re in India’: Bombay High Court quashes suspension of hotel licence by FDA over hygiene
The Bombay High Court quashed an FDA order that suspended a hotel's license due to the presence of two insects in the kitchen. The court emphasized a 'realistic' approach to hygiene standards in India, noting that the hotel had otherwise met 95% of compliance requirements.
Why it matters
This ruling sets a precedent for administrative enforcement, suggesting that regulatory actions should be proportionate to the severity of the violation.
The Bombay High Court has suggested to the Maharashtra Food and Drug Administration (FDA) to adopt a realistic approach, considering that ‘we’re in India’, and quashed its order suspending the licence of a four-star hotel in Navi Mumbai over hygiene.
Giving relief to the hotel, a Bench of Acting Chief Justice (ACJ) Ravindra Ghuge and Justice Gautam Ankhad noted on Wednesday (July 29, 2026), that the FDA decision was based on the finding of two small insects.
The Court said the “solitary finding regarding the presence of two insects’’ when viewed against the overall ‘satisfactory’ compliance report on hygiene, maintenance and operation did not justify the continued suspension of the licence. “We are in India. We have to take a realistic stand,” High Court said.
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