The Delhi High Court has determined that eateries in Khan Market, including restaurants and pubs, will not be barred from operating due to the absence of a Fire NOC (No Objection Certificate), provided they adhere to their commitment to limit guest capacity to a maximum of 50 at any given time.
Justice Purushaindra Kaurav, in his ruling delivered on Friday, expressed confidence in the petitioners’ claims, stating, “There does not seem to be any reason to disbelieve the petitioners’ submission.” This decision pertains to businesses located within the New Delhi Municipal Council (NDMC) jurisdiction.
The court addressed a collection of 20-25 petitions from 2021 filed by various restaurants, primarily situated in the well-known Khan Market, with a few from Connaught Place as well. Justice Kaurav noted, “As long as the petitioners are prepared to comply with all safety regulations set by government authorities, there should be no grounds to prohibit them solely due to infrastructural limitations.”
Furthermore, the court mandated that should any actions be considered against the petitioners due to the lack of a Fire NOC, a 30-day prior notice must be provided before any enforcement can take place.
The ruling highlighted that the establishments involved are located in Khan Market, a prestigious and historically significant commercial area in Delhi, known for its distinctive architecture and cultural importance. The court pointed out that the market has only one feasible entry and exit point, a characteristic that has been present since its establishment.
During deliberations on the infrastructural challenges in Khan Market, Justice Kaurav remarked, “If we were to order for the demolition of these structures, it would not only disrupt the market but also diminish the pride of Delhi. Even with public safety measures in place, incidents can occur, yet I have not witnessed any safety issues in Khan Market over the past 10-15 years. We wish to avoid closing down these businesses.”
The restaurants involved argued that they do not meet the criteria of an ‘assembly building’ as defined in the Unified Building Bye Laws of 2016 and the National Building Code of 2016, which classifies establishments accommodating 50 or more individuals as ‘assembly buildings.’ Such buildings are required to have a Fire NOC, which is contingent upon meeting stringent regulations, including multiple entry and exit points.
In 2021, approximately 60 petitions were submitted by restaurants in the NDMC and Municipal Corporation of Delhi (MCD) areas, challenging the refusal of health licenses by these civic bodies due to the absence of Fire NOCs. While the court resolved the petitions related to the NDMC area on Friday, those concerning the MCD will be discussed again on April 20.
To enhance the business environment, and following discussions among restaurant stakeholders and the government, the NDMC had issued an office order on February 23 of this year, stating that existing establishments would not be required to obtain a health trade license from the civic body if they possess a valid FSSAI or GST registration, as applicable.
