Supreme Court sets aside Rs 5 lakh compensation FDA was told to pay Pune dairy owner
The Supreme Court has quashed a Bombay High Court order directing the Food and Drug Administration to pay Rs 5 lakh to the owner of Pune's Gurunanak Dairy and Sweets.
The Food and Drug Administration (FDA) has got major relief from the Supreme Court in the case of Pune's Gurunanak Dairy and Sweets. The Bombay High Court had directed the FDA to pay Rs 5 lakh in compensation to the shop's owner. The Supreme Court has set aside that order.
The case began with complaints about food quality and cleanliness. The FDA had received a complaint that food from the dairy had caused food poisoning. The FDA then suspended the dairy's food licence on June 12. With the licence suspended, the shop had to stay shut.
FDA officials later inspected the dairy again. It was claimed that this inspection found the shop complying with about 98 per cent of the rules. Even so, the shop's licence was not restored immediately. The dairy's owner then moved the Bombay High Court.
The owner said Gurunanak Dairy and Sweets remained closed for a full 34 days because of the suspension. The owner told the court that the closure caused a loss of about Rs 8.74 lakh.
During the hearing, the Bombay High Court had expressed displeasure over the FDA's action. The court had said it was not right to keep the licence suspended after the repeat inspection showed largely compliant conditions.
The High Court quashed the FDA's suspension order and allowed the dairy to reopen. It also directed the FDA to pay the owner Rs 5 lakh for the loss from the 34-day closure.
The FDA challenged the High Court's ruling in the Supreme Court. The FDA argued that the action was taken with public health in mind. The administration told the court that, after a complaint of food poisoning, immediate action was necessary to protect customers' health.
After hearing the matter, the Supreme Court set aside the Bombay High Court's order for Rs 5 lakh in compensation. The FDA is no longer liable to pay Rs 5 lakh to the owner of Gurunanak Dairy.
The FDA is currently acting in the state against adulterators and those who violate food quality rules. Hotels, dairies and food manufacturing establishments are being inspected under FDA Commissioner Tukaram Mundhe.
The Supreme Court's ruling in the Gurunanak Dairy case gives the FDA significant relief from the court for action it took in the interest of public health. The ruling is therefore being seen as an important step for food safety and FDA enforcement in the state.
