Park INN by Radisson's Licence Restored Following Improved Hygiene and Sanitation Measures
In a pivotal judgment, the Bombay High Court has reinstated the food business licence of Park INN by Radisson, a hotel establishment in Maharashtra, after it demonstrated substantial compliance with hygiene and sanitation standards. The decision came after the hotel's licence was suspended by the authorities due to significant lapses found during a surprise inspection.
The case, Sanjay Baburao Nirbhavne v. State of Maharashtra, saw the hotel's licence initially suspended on July 3, 2026, after serious deficiencies were identified during an unannounced visit by food safety officials. The suspension was enforced under Section 32(3) of the Food Safety and Standards Act, 2006, which allows for immediate action to safeguard public health.
The hotel's counsel argued that the suspension was arbitrary and that the authorities failed to issue an improvement notice before taking such drastic action. However, the government pleader defended the suspension as necessary to protect consumer safety, citing the hotel's poor compliance score of just 61%.
Upon the hotel's request, the court ordered fresh inspections to assess compliance improvements. Subsequent inspections revealed a remarkable turnaround, with the hotel achieving a 95% compliance rate. The establishment was graded 'A' for its efforts, with only minor issues remaining.
The court acknowledged these improvements and ruled that the initial suspension had fulfilled its preventive purpose. The judgment emphasized that the presence of two insects, while a concern, was not significant enough to justify continued suspension given the overall compliance.
While the court reinstated the hotel's licence, it refrained from addressing broader legal questions about the necessity of improvement notices before suspensions. It left these questions open for future cases. The court also instructed the government to provide details on inspections conducted statewide, including those at establishments operated by government entities.
The decision underscores the importance of maintaining high standards of hygiene and sanitation in food establishments and highlights the regulatory framework's role in ensuring public health.
Bottom Line:
Food Safety and Standards Act, 2006 - Licence suspension under Section 32(3) is preventive and intended to safeguard public health until deficiencies are rectified.
Statutory provision(s): Food Safety and Standards Act, 2006, Section 32(3).
Sanjay Baburao Nirbhavne v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2950811
