New Delhi, April 10 Describing Khan Market as the "shining example of Delhi," the Delhi High Court on Friday allowed several restaurants in the area to operate without a fire NOC if they maintained an occupancy of less than 50 people.
Justice Purushaindra Kumar Kaurav observed that the outlets were located in the city's most prestigious and historically significant commercial area, which has "structural limitations" since its inception, and the court did not want these eateries to shut down due to any "unforeseen" situation.
The court was dealing with a batch of petitions by several Khan Market outlets, including Khan Chacha, Anglow, Starbucks Coffee, and Sly Granny.
The restaurants sought renewal of their health license and other approvals for running their business without the authorities insisting on a fire NOC as a pre-condition.
"The shops in question are located in Delhi's most prestigious and historically significant commercial area. It is also a heritage market. This iconic and unique architecture, character, and culture are well-established. Due to these structural limitations, the entire market has only one feasible entry and exit point for the first and second floors where the restaurants are located. This feature has been in existence since its inception," the court observed.
"The petitioners shall not be denied the right to operate their restaurants solely on account of the lack of a fire NOC, provided that the petitioners maintain an occupancy of less than 50 at any given time," the court ordered.
The court clarified that if any action is contemplated against the petitioners for lack of fire safety measures, it will not be given effect to without 30 days' prior notice.
The petitioners assured that they would not accommodate more than 50 guests at a time and would comply with all necessary regulations for "non-assembly buildings" except the fire NOC.
Noting that there seemed no reason to disbelieve the petitioners, the court said that the petitioners should not be disallowed from running their outlets solely due to structural constraints.
The petitioners contended that the seating capacity in their restaurants was only 48, and according to the Unified Building Bye Laws for Delhi, 2016, no fire clearance was required for a seating capacity of less than 50.