HC relief for Khan Market eateries: No Fire NOC needed if they host up to 50 people at a time

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The court disposed of a batch of 20-25 petitions from 2021 by various restaurants, primarily in the popular Khan Market, and a few in Connaught Place as well. (Express photo by Sohini Ghosh)The Delhi High Court has ruled that restaurants, pubs and eateries in Khan Market will not be denied the right of operation only on account of a lack of Fire NOC, as long as they abide by their undertaking to the court that they will “not house more than 50 guests at a given point of time”.“There does not seem to be any reason to disbelieve the petitioners’ submission,” Justice Purushaindra Kaurav said in his order, which applies to establishments in the New Delhi Municipal Council (NDMC) area, delivered on Friday.The court disposed of a batch of 20-25 petitions from 2021 by various restaurants, primarily in the popular Khan Market, and a few in Connaught Place as well.“…So long as the petitioners are ready and willing to abide by all safety measures of the government departments, there should not be any reason to disallow the petitioners only on account of infrastructural constraints,” Justice Kaurav reasoned.“In any case”, the court directed, “if for lack of Fire NOC, if any action is contemplated against petitioners, the same shall not be given effect to without 30 days’ prior notice.”The order recorded that “the shops in question are situated in one of Delhi’s most prestigious and historically significant commercial areas, Khan market”, whose “iconic and unique architecture, character and culture is well established”.“Because of infrastructural constraint, the entire market has one feasible entry and exit point where the restaurants are located. This feature has remained in existence since its inception,” the court said.Story continues below this adIn oral remarks on the “problem of infrastructural constraint” in Khan Market, Justice Kaurav said during the proceedings: “If we order for the demolition (of the structures) then the entire…not only the market but ‘shaan of Delhi (pride of Delhi) (goes away)… Even where public safety mechanisms are in place, there also there are incidents, but I have not seen (any unsafe incident) in Khan Market in the last 10-15 years… We don’t want these shops to be shut down….”The petitioner restaurants had contended that they do not fall within the definition of an ‘assembly building’ under the Unified Building Bye Laws 2016 and the National Building Code 2016, in which only establishments seating 50 or more persons are termed as ‘assembly buildings’.An ‘assembly building’ requires a Fire NOC which is only issued subject to adherence to rigid stipulations such as multiple entry and exit points, among other requirements.In 2021, nearly 60 petitions were filed by restaurants in NDMC and Municipal Corporation of Delhi (MCD) areas, challenging the non-issuance of health licence by the two civic bodies for the lack of Fire NOCs.Story continues below this adWhile the court on Friday disposed of the petitions from establishments in the NDMC area – represented by advocate M A Niyazi – the ones relating to the MCD’s jurisdiction will be heard next on April 20.To improve the ease of doing business, and following consultations between restaurant stakeholders and the government and NDMC, the civic body had issued an office order on February 23 this year saying it will not be mandatory for existing establishments to obtain a health trade licence from the civic body if they hold a valid FSSAI or GST registration, as applicable.Cafe Delhi HeightsPerchMamagotoSly GrannyYum Yum ChaKhan ChachaStarbucks (in Khan Market and CP)ChatterhouseOut of the BoxGola SizzlersSoda Bottle Opener WalaSohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More © The Indian Express Pvt LtdTags:delhikhan market