Delhi High Court grants fire NOC exemption to Khan Market restaurants with guest capacity of below 50 at a time

The Delhi High Court on Friday allowed Khan Market restaurants to operate without fire safety no-objection certificates (NOCs) if they house fewer than 50 guests at a time.

Justice Purushaindra Kumar Kaurav passed the order, noting that Khan Market is Delhi's shaan (pride) and a heritage market.

“Petitioners [restaurants] shall not be denied operation of restaurants only on the lack of a fire NOC so long as the petitioners are maintaining the occupation of less than 50 at a given point in time," the Court ordered.

It also took on record the restaurants' undertaking that they shall abide by all fire safety measures as may be directed by the fire department and other authorities.

"In any case, if, for lack of a fire NOC, any action is contemplated against the petitioners, the same shall not be given effect to without 30 days’ prior notice. The petitioners [restaurants] shall thereafter be at liberty to take appropriate recourse in accordance with law,” the Court said. 

The Court passed the order after several restaurants moved the High Court against the government mandate. This included restaurants and eateries like Perch, Yum Yum Cha, Sly Granny, Khan Chacha and many others.

Restaurants had argued they should not be classified as “assembly buildings” under the Unified Building Bylaws 2016. They claimed that such classification applies only when a space accommodates 50 or more people for activities like amusement, recreation or dining. They further said that authorities had previously accepted their capacity as below 50 while issuing health licenses.

Notably, the restaurants were granted protection from coercive action in 2024.

In his order, Justice Kaurav noted that the New Delhi Municipal Council (NDMC) had issued a notification stating that establishments would no longer be required to maintain a health trade license if they comply with other regulations. The civic body told the Bench that the requirement of a trade license has been dispensed with, subject to adherence to these directives.

Therefore, the core legal issue - renewal of licences due to the absence of a fire NOC - may no longer require final adjudication, the Court noted.

It, therefore, passed the order and disposed of the petitions.