Delhi High Court Grants Fire NOC Exemption to Khan Market Restaurants
In a significant ruling, the Delhi High Court on Friday permitted several renowned eateries and restaurants in Khan Market to operate without a mandatory fire No Objection Certificate (NOC), provided they maintain an occupancy of fewer than 50 persons at any given time. The court described Khan Market as the "shaan of Delhi" and acknowledged the unique structural challenges of this prestigious commercial area.
Heritage Status and Structural Constraints Cited
Justice Purushaindra Kumar Kaurav, presiding over the case, emphasized that Khan Market and similar areas like Connaught Place are recognized as heritage and cultural zones. The court noted that these locations have inherent "structural constraints" dating back to their inception, which make strict compliance with fire norms particularly challenging for small-capacity restaurants.
The judgment pointed out that the entire market has only one feasible entry and exit point for the first and second floors where the restaurants are located. This architectural feature has persisted since the market's establishment, creating practical difficulties for fire safety compliance.
Court's Rationale and Conditions
The High Court clarified that fire safety evaluation in such heritage zones should consider the actual congregation of persons rather than merely the floor area. Justice Kaurav expressed concern that the court did not want these establishments to shut down due to "extraneous" situations, leading to the waiver of the fire NOC requirement for single-floor restaurants.
"The petitioners shall not be denied operation of restaurant only on account of lack of fire NOC, so long as they maintain an occupancy of less than 50 at a given point of time," the court directed explicitly.
Specific Petitioners and Their Arguments
The relief came while disposing of a long-pending batch of petitions filed by several prominent Khan Market outlets, including:
- Khan Chacha
- Anglow
- Starbucks Coffee
- Perch
- Sly Granny
These establishments had sought renewal of their health licenses and other approvals without authorities insisting on fire NOC as a precondition. Represented by advocate M A Niiyazi, the petitioners assured the court through an undertaking that they would not accommodate more than 50 guests simultaneously and would comply with all other necessary regulations for "non-assembly buildings" except the fire NOC.
Legal Basis and Future Proceedings
The petitioners contended that their restaurants have a seating capacity of only 48 persons, and according to the Unified Building Bye-Laws for Delhi, 2016, no fire clearance is required for establishments with seating capacity below 50. The court found no reason to disbelieve the petitioners and emphasized they should not be prevented from operating solely due to structural constraints.
The High Court also established safeguards:
- Civic agencies must provide 30 days' prior notice before taking any action against petitioners for lack of fire safety measures
- Eateries must continue complying with stringent essential requirements, including hygiene standards and other fire safety measures
While the current ruling applies to eateries falling under NDMC jurisdiction, another set of petitioners operating in areas under MCD jurisdiction will have their plea heard on April 28. The court's decision represents a balanced approach to preserving Delhi's culinary heritage while maintaining reasonable safety standards in historically constrained commercial spaces.
