3 min readNew DelhiApr 11, 2026 08:04 AM IST
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 constraints, 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 ad
In 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 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 ad
While 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.
