Delhi High Court Grants Fire NOC Exemption for Khan Market Eateries with Limited Occupancy
In a significant ruling, the Delhi High Court has provided relief to upscale dining establishments in Khan Market by allowing them to operate without a fire no-objection certificate (NOC) if their occupancy does not exceed 50 guests. This decision addresses long-standing concerns over inadequate safety exits in the popular market, but it has simultaneously sparked fresh apprehensions among visitors regarding enforcement and adherence to building norms.
Compliance Claims and On-Ground Realities
A recent inspection of Khan Market revealed that most eateries, including those that petitioned the court, have maintained seating capacities below the newly prescribed limit. Notable restaurants such as Sly Granny, with 49 seats across two storeys, Perch with 48 seats, and Khan Chacha with 35 seats, reported operating within the threshold. Managers at these outlets asserted that fire safety equipment, including extinguishers, hoses, alarms, and fire blankets, is properly installed and that entry is being carefully regulated.
However, observations indicated potential safety lapses, such as inadequate ventilation in several outlets, particularly those on terraces lacking separate exits. Narrow staircases are being used for both entry and exit, contravening building codes that prescribe a minimum width of 1.5 metres for such establishments. Restaurant owners argue that this norm specifically applies to "assembly buildings" accommodating 50 or more guests and claim that mechanical ventilation systems have been installed where natural airflow is insufficient.
Visitor Concerns and Historical Fire Incidents
Visitors have raised additional issues, including exposed AC units, congested passages, and tightly packed outlets. Ramesh Sharma, a 27-year-old accountant, highlighted the narrow passage to a second-floor cafe that traverses another outlet's kitchen, causing congestion even with a small number of people. Pooja Mahabadi, a 25-year-old content marketing executive, expressed concerns about the close clustering of cafes, which could facilitate the rapid spread of fire between adjacent establishments.
These worries are compounded by past fire incidents. In February 2025, a fire erupted in two restaurants, though no casualties were reported; combustible materials on terraces were completely destroyed, with eyewitnesses attributing the blaze to a short circuit. Another fire occurred in March 2023 at OTB restaurant, affecting the chimney and false ceiling on the first and second floors, again without casualties.
Regulatory Ambiguity and Market History
The ruling has introduced ambiguity, as the New Delhi Municipal Council (NDMC) maintains that fire NOCs fall under the fire department's jurisdiction, while department officials assert that establishments with fewer than 50 occupants are not their responsibility. Anshu Tandon, president of the Khan Market Welfare Association, who assisted restaurant owners in filing petitions, emphasized that the court considered building rules before delivering its verdict and encouraged reporting of any safety issues.
Established in 1951, the U-shaped Khan Market is renowned for high-end branded showrooms, bookstores, artisanal shops, and premium restaurants, making it a favorite among expats and locals. The conversion of upper-floor residential flats into commercial spaces began around 2004. Currently, the market comprises 156 ground-floor shops and approximately 74 upper-floor units, with only five to six still used for residential purposes.
Past Attempts and Future Challenges
Authorities have previously attempted to address entry-exit issues through surveys and consultations, but no consensus solution emerged. Ground-floor shopkeepers opposed widening internal staircases that pass through their shops, citing loss of retail space. Proposals for external spiral staircases were rejected due to aesthetic concerns, encroachment issues, and restricted shop access.
A cantilevered access and walkway on the second floor, with access from pavement lift cabins or stair cabins, requires acceptance from flat owners. NDMC had proposed acquiring upper-floor space for a common walkway, but this plan was deemed unfeasible as several units remain residential. Restaurant owners approached the court in 2020-21 after NDMC stopped renewing licenses and rejected applications, citing that establishments over 90 sqm might have extra seating arrangements requiring fire NOC applications.
As Khan Market navigates this new regulatory landscape, the balance between operational flexibility and fire safety remains a critical concern for all stakeholders involved.
