Delhi HC questions Delhi government on fire rules allowing private auditors to certify building safety

The Delhi High Court on Wednesday issued notice to the Delhi government, the Delhi Fire Service and the Lieutenant Governor’s office on a plea challenging the changes made in the law that replace mandatory inspections by government fire officers with fire safety certifications by private auditors engaged and paid by building owners.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia questioned the government on how it can delegate the government’s essential functions to third parties. 

“You are delegating your essential functions. Is this permitted? This is the essential function of the fire department. Can you delegate it? There is a problem,” the Court remarked. 

It directed the authorities to file their replies in 4 weeks and said that the case will be heard next on December 12.

The High Court was hearing a public interest litigation (PIL) filed by Umed Singh Chhillar, an 84-year-old former Indian Army serviceman and retired Delhi Fire Service officer associated with the Institution of Fire Engineers (India). Chhillar has challenged the amendment to the Delhi Fire Service Act, 2007, saying that the recently notified Delhi Fire Service (Amendment) Rules, 2026 dilute safeguards concerning fire and life safety in Delhi.

The petition contends that the new framework allows building owners to engage private fire safety auditors, while insulating the Delhi Fire Service from liability for losses arising from such certifications.

It further challenges provisions making fire safety certificates effectively perpetual, subject to annual self-declarations, instead of time-bound renewal inspections.

The plea also alleges that the amendments exceed the rule-making power under Section 63 of the 2007 Act and remove references to the National Building Code, which provides guidelines for regulating building construction activities.

Citing recent fires in Delhi and other cities, Chhillar has argued that private certification could compromise independent verification and deprive firefighters of crucial information about building layouts during emergencies.

The petition has been filed through Advocates B Shravanth Shanker and Shivam Kunal. Advocate Avishkar Singhvi argued the case.

The Delhi government was represented through its Standing Counsel Sameer Vashisht.