Relief for Khan Market Restaurants as Court Allows Small Outlets to Operate Without Fire NOC

The Delhi High Court has granted relief to several restaurants operating in Khan Market by directing that restaurants with a seating capacity of fewer than 50 persons should not be compelled to obtain a fire no-objection certificate as a mandatory condition for running their business.

 

The order was passed by a bench of Justice Sachin Datta while hearing petitions filed by Khan Market-based entities including Town Hall, Irish House Coffee and Salty Rani. The petitioners had challenged the authorities’ insistence on a fire NOC as a pre-condition for operating restaurants and for renewal of licences and other approvals.

 

Senior advocate Abhishek Manu Singhvi, appearing for the petitioners, argued that Khan Market is one of the most prestigious and historically significant commercial areas of the capital. He submitted that the market has been operating for several decades and is known not only for its business value but also for its distinctive architecture, culture and character. The petitioners contended that due to the original design of the market, there is only one common entry and exit gate for the first and second floors, making strict compliance with certain fire NOC requirements difficult for small establishments.

 

The court noted the practical concerns raised by the petitioners and clarified that restaurants should not be prevented from functioning merely because of the absence of a fire NOC, provided that the establishment has a seating capacity of fewer than 50 persons. The court made it clear that this relaxation would apply only to restaurants falling within the specified capacity limit.

 

The bench also observed that action against such establishments should not be taken without following due process. It clarified that if authorities propose to initiate action against the petitioners, a prior notice of 30 days must be issued before any coercive steps are taken.

 

The order is significant for small restaurants in Khan Market, as it provides operational relief while also recognising the structural and historical limitations of the market. At the same time, the decision does not grant unrestricted permission to all establishments, as the relief is confined to restaurants with a capacity of fewer than 50 persons.

 

The matter highlights the balance between regulatory compliance, fire safety requirements and the practical realities of operating businesses in older commercial markets.