W.P.(C) 12202/2026 $~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010392442026 + W.P.(C) 12202/2026 DEEPAK LAKHMANI .....Petitioner Through: Mr. Y.R. Sharma and Mr. Ujjwal Goel, Advocates. versus BSES RAJDHANI POWER LIMITED & ANR. .....Respondents Through: Mr. Manish Srivastava and Mr. Moksh Arora, Advocates for R-1. Mr. Abhinav Singh and Ms. Pearl Khurana, Advocates for Delhi Fire Service. Mr. Sarabjit Singh, ADO, Delhi Fire Service. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 17.09.2026 1. Pursuant to the order passed by this Court on 21st August, 2026, the subject property has been inspected by the officials of the respondent no.2/Delhi Fire Service along with officials of the respondent no.1/BRPL. 2. Status report has been handed over in Court by Delhi Fire Service and the same is taken on record. 3. In terms of the aforesaid status report, the building comprises of Basement, Ground, First, Second, Third and Fourth floors. The status report This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2026 at 11:12:57 W.P.(C) 12202/2026 also states that Ground and First Floor are being used for commercial purposes. 4. In terms of Rule 27 of Delhi Fire Service (Amendment) Rules, 2025, commercial buildings having a height of more than 15 mts. or having Ground Floor plus four upper stories are required to have a fire clearance. However, the fire clearance has to be obtained through the concerned local authority under Rule 34. Rule 27 is set out below:- “27. Classes of occupancies likely to cause a risk of fire.- The following classes of occupancies for the purposes of sub-section(1) of Section 25 of the Act shall be construed to likely cause a risk of fire, namely:- (1) Pandal having seating capacity of more than 50 person or covered area more than 50 square meters. (2) Residential buildings (other than hotels and guest houses) having height more than 15 meters or having ground plus four upper stories including mezzanine floor. (3) Hotels and guest houses having height more than 12 meters having ground plus three upper stories including mezzanine floor. (4) Educational buildings having height more than 9 meters or having ground plus two upper stories including mezzanine floor. (5) Institutional buildings having height more than 9 meters or having ground plus two upper stories including mezzanine floor. (6) All Assembly buildings. (7) Business buildings having height more than 15 meters or having ground plus four upper stories including mezzanine floor. (8) Mercantile buildings having height more than 9 meters or having ground plus two upper stories including mezzanine floor. (9) Industrial buildings having covered area on all floors more than 250 square meters. (10) Storage buildings having covered area on all floors more than 250 square meters. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2026 at 11:12:57 W.P.(C) 12202/2026 (11) All Hazardous buildings having covered area on all floors more than 100 square meters. (12) Underground Structures.” 5. In the present case, admittedly, the building of the petitioner is being used for commercial purposes and has a height of more than 15 mtrs. Accordingly, the petitioner would have to obtain a Fire NOC through the Building Department, MCD. 6. Accordingly, the present writ petition is disposed of leaving it open for the petitioner to obtain a Fire NOC in the prescribed manner. Upon obtaining the Fire NOC, the petitioner is free to apply for grant of electricity connection once again with the respondent no.1/BSES, which would be considered after completion of codal formalities. AMIT BANSAL, J SEPTEMBER 17, 2026 Vivek/- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2026 at 11:12:57