Delhi High Court Exempts Small Khan Market Restaurants from Fire NOC Requirement

NEW DELHI: In a significant relief for small-scale restaurateurs, the Delhi High Court has ruled that eateries in Khan Market with a seating capacity of fewer than 50 guests are not required to obtain a fire safety No-Objection Certificate (NOC) to operate. Justice Purushaindra Kumar Kaurav noted that as long as these establishments maintain a guest count below the threshold, they should not be denied the right to operate solely due to the absence of a fire NOC.

The ruling came after several prominent establishments, including Khan Chacha, Yum Yum Cha, and Sly Granny, challenged a government mandate. The petitioners argued that under the Unified Building Bylaws 2016, they do not qualify as "assembly buildings"—a classification reserved for spaces accommodating 50 or more people.

The Court directed authorities to provide a 30-day prior notice before taking any coercive action regarding fire safety compliance in the future. Furthermore, the Court took note of the New Delhi Municipal Council’s (NDMC) updated policy, which has relaxed certain health trade license requirements, provided that all other safety regulations are strictly followed.

Discription: The Delhi High Court has ruled that Khan Market restaurants with a guest capacity under 50 do not require a fire safety No-Objection Certificate (NOC). Justice Purushaindra Kumar Kaurav stated that these establishments should not be denied operation solely for lacking the NOC, provided they maintain their limited occupancy.

The ruling followed petitions from several popular outlets challenging their classification as "assembly buildings" under the Unified Building Bylaws 2016. The court further mandated that authorities must provide a 30-day notice before taking any future action. This decision balances heritage market operations with regulatory compliance for smaller dining venues.