Delhi’s ‘shaan’: HC permits restaurants in Khan Market to run without fire NOC, but there's a condition

The court passed the order while dealing with over 50 petitions by various restaurants, including Perch, Yum Yum Cha, Sly Granny and Khan Chacha, among others.

The Delhi High Court on Friday permitted restaurants in Khan Market to operate without a no-objection certificate (NOCs) from the fire department, provided they accommodate fewer than 50 guests at any given time, describing the market as Delhi’s “shaan” and a heritage commercial hub.

The petitioner restaurants in Khan Market gave an undertaking that they would not accommodate more than 50 guests at any given time and would comply with all safety measures prescribed by government authorities concerned. (File/HT Photo)

A bench of justice Purushaindra Kumar Kaurav said that while several restaurants are located in the first and second floors of the market, structural constraints have meant there is only one feasible entry and exit point for the two floors—a feature that has existed since the market’s inception.

Delhi HC called Khan Market the national capital's 'shaan'. (HT GFX)

“The shops in question are situated in one of the Delhi’s most prestigious and historically significant commercial areas. It is also a heritage market. It’s iconic, unique, architectural culture and character is well established; because of construction constraints the entire market has only one feasible entry and exit point for first and second floor where the restaurants and has remained like this since its existence. It’s the shaan of Delhi. We do not want these shops to shut down. If we keep putting extraneous conditions, then there will be a problem,” the court said.

It added, “The petitioners in order to avoid any complication has undertaken that they will not house more than 50 guests at a given point of time. There does not seem to be any reason to disbelief the petitioner’s submissions. In any case if the petitioners are ready and willing to amend by all safety measures of the government departments, there should be no reason to disallow the petitioners on account of structural constraints. The petitioners shall not be denied operation of the restaurant on lack of fire NOC so long as the petitioners are maintaining occupation of less than 50 in given time.”

The court passed the order while dealing with a bunch of over 50 petitions filed by various restaurants situated in the market, including Perch, Yum Yum Cha, Sly Granny and Khan Chacha, among others, seeking directions to the New Delhi Municipal Council (NDMC) to renew their health licence and other approvals necessary for running their outlets, without the insistence of a fire NoC as a condition.

In their petitions, argued by advocates MA Niyazi, Anamika Ghai Niyazi and Nehmat Sethi, they contended that no fire clearance was required as their seating capacity was 48, lower than the limit of 50, as specified in the Unified Building Bye Laws for Delhi, 2016.

The petitioner restaurants also gave an undertaking that they would not accommodate more than 50 guests at any given time and would comply with all safety measures prescribed by government authorities concerned.

The court, while passing the order, noted that NDMC’s notification dated February 23 clarified that establishments possessing valid FSSAI or GST registration would be deemed to have a health licence and, consequently, would not be required to obtain a separate health trade licence.