Delhi High Court has given a big relief to the restaurant operators of the capital’s famous and VIP market ‘Khan Market’. The court has said in its important order that if a restaurant has a seating capacity of less than 50 people at a time, then it can be allowed to run even without a ‘Fire Safety No Objection Certificate’ (Fire NOC).
Commenting, the court said that Khan Market is the pride of Delhi and it is also a heritage market. Therefore, small restaurants here should not be troubled without any reason.
30 days notice will have to be given before taking action
The High Court made it clear that restaurants whose capacity is less than 50 people cannot be closed merely on the basis of not having ‘Fire NOC’. However, the Court also clarified that exemption does not mean ignoring the rules:
It will be mandatory for restaurants to follow all the basic safety rules set by the fire department and other authorities. If any punitive action has to be taken against a restaurant, it will be necessary to give advance notice of 30 days to the administration. During this notice period, restaurant owners will be able to present their case legally.
Why did the restaurant owner reach the court?
In fact, many famous restaurants of Khan Market had approached the Delhi High Court against the strictness and rules of the government. The restaurant operators argued that they should not be kept in the category of ‘Assembly Building’, because this rule applies to places where 50 or more people are present together. He told that earlier while giving the health license, the officials had considered his capacity to be less than 50.
Dispute resolved with NDMC notification
During the hearing of the case, the fact also came before the court that the New Delhi Municipal Council (NDMC) has recently issued a notification eliminating the need for ‘trade license’, provided the operators follow other rules. The court accepted that now the dispute related to license and fire NOC has ended to a great extent, after which these petitions were disposed of.