NEW DELHI: Describing Khan Market as the “shaan of Delhi”, Delhi HC Friday permitted several eateries and restaurants in the area to operate without a fire NOC if they maintained occupancy of less than 50.
Justice Purushaindra Kumar Kaurav said the outlets were situated in Delhi’s most prestigious commercial area, which had “structural constraints” since its inception.HC pointed out that areas such as Connaught Place and Khan Market are recognised as heritage and cultural zones, where compliance with stringent fire norms, particularly for small-capacity restaurants, may be evaluated on the basis of actual congregation of persons, rather than mere floor area.Justice Kaurav indicated the court did not want these eateries to shut down due to any “extraneous” situation and waived the requirement for mandatory fire NOC in single-floor restaurants, binding them to an occupancy of less than 50 people.The court’s relief came while disposing of long-pending batch of petitions filed by several Khan Market outlets, including Khan Chacha, Anglow, Starbucks Coffee, Perch and Sly Granny.
These had sought renewal of their health licence and other approvals for running their business without the authorities insisting on a fire NOC as a pre-condition.“The shops in question are situated in Delhi’s most prestigious and historically significant commercial area. It is also a heritage market. This iconic and unique architecture, character and culture is well-established. Because of structural constraint, the entire market has only one feasible entry and exit point for the first and second floor where the restaurants are located.
This feature remains in existence since its inception,” the court observed. “The petitioners shall not be denied operation of restaurant only on account of lack of fire NOC, so long as they maintain an occupancy of less than 50 at a given point of time,” it further directed.HC clarified that if any action is contemplated against the petitioners for lack of fire safety measures by civic agencies, it will not be given effect to without 30 days’ prior notice.
It, however, stressed the eateries must continue to comply with the stringent essential compliances, including those relating to hygiene standards and fire safety measures.The petitioners, represented by advocate M A Niiyazi, assured the court by way of an undertaking that they won’t house more than 50 guests at a time and would comply with all necessary other compliances for “non-assembly buildings” except the fire NOC.Noting that there seemed no reason to disbelieve the petitioners, the court said the petitioners should not be disallowed from running their outlets only on account of structural constraints.The petitioners contended that the seating capacity in their restaurants was only 48 and as per the Unified Building Bye-Laws for Delhi, 2016, no fire clearance was required for a seating capacity of less than 50.Apart from the eateries falling in NDMC jurisdiction, another set of petitioners before HC relates to those operating in areas falling under MCD. The court will hear their plea on April 28.
