W.P.(C) 2968/2026 $~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2968/2026, CM APPL. 14339/2026 & CM APPL. 14340/2026 BURGER KING A UNIT OF RESTAURANT BRANDS ASIA LTD CONNAUGHT PLACE .....Petitioner Through: Mr. M.A. Niyazi, Ms. Anamika Ghai Niyazi, Ms. Kirti Kumari, Ms. Nehmat Sethi and Mr. Adnan Naqash, Advocates. versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through: Mr. Saurabh Seth, Standing counsel for NDMC with Mr. Raghav Alok, Asstt. Standing counsel for NDMC. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 10.03.2026 1. The present writ petition has been filed seeking the following reliefs: 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 16/03/2026 at 16:32:21 W.P.(C) 2968/2026 2. It is submitted that the petitioner has been running a restaurant at E-8 Inner Circle, Connaught Place, New Delhi since November 2014 and has all requisite approvals and licenses for the said purpose including Fire Safety Certificate, FSSAI License, GST Registration, and Health Trade License. 3. It is further submitted that the restaurant has a seating capacity of 126 out of which 22 seats are on the ground floor and the remaining on the mezzanine floor. 4. The grievance of the petitioner is that as per the health license renewal granted in 2018, the petitioner’s restaurant was confined to a seating 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 16/03/2026 at 16:32:21 W.P.(C) 2968/2026 capacity of 22 seats on the ground floor without any seating approval for the mezzanine floor. 5. The petitioner filed an earlier writ petition, being W.P.(C) No. 12155/2022, before this Court which was disposed of vide order dated 18th October, 2024 while directing that the petitioner be granted a personal hearing by the respondent/ NDMC. 6. Pursuant to the personal hearing granted to the petitioner, an order has been passed on 13th February, 2026 by the respondent/ NDMC holding that the petitioner can operate a restaurant only with 22 seats on the ground floor. 7. Mr. M.A. Niyazi, counsel appearing on behalf of the petitioner, submits that the petitioner has been running the restaurant with seating approval on the mezzanine floor since 2014 and no safety concerns with regard thereto have ever been expressed by any of the authorities. 8. He further submits that all other similar restaurants in Connaught Place have seating on the mezzanine floors of their respective restaurants. 9. Mr. Saurabh Seth, counsel appearing on behalf of the respondent/ NDMC, on advance notice, submits that the concern of NDMC is with regard to the structural safety of the building including the mezzanine floor. 10. Attention of the Court has been drawn to the office order dated 11th December, 2023 issued by NDMC with regard to grant of health licenses. The relevant portion of the said office order is set out below: “Grant of Health License A. Duly filed online application form having following information/documents as specified in the modified portal *** *** *** (ix) Sanction or Approved or As built plan/Site Plan of the premises/establishment for grant of health license in the NDMC area. In case of as built/site plan the same should be duly signed by an architect registered with Council of Architecture.” 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 16/03/2026 at 16:32:21 W.P.(C) 2968/2026 11. The office order dated 11th December, 2023 clarifies that if a sanctioned plan is not available for a particular building, a site plan certified by a qualified architect may be produced. 12. Subsequently, a fresh office order dated 23rd February, 2026 has been issued by the respondent/ NDMC in terms of which the requirement of having a separate health license has been done away with. 13. In terms of the said office order, there is a deemed permission/ license granted to a restaurant under the provisions of the New Delhi Municipal Council Act, 1994 if the said restaurant has a license under FSSAI Act, 2006 and a GST registration. Relevant paragraphs of the office order dated 23rd February, 2026 are set out below: “2. Environmental norms are enforced through consent to establish/operate and/or authorisation by the Delhi Pollution Control Committee (DPCC). Fire safety norms are enforced by the Delhi Fire Service through fire safety certificates. Structural safety is examined during the process of sanctioning building plans and issuing completion certificates by NDMC. 3. The matter of reforming the permission/license system in NDMC for various trades recognised by FSSAI/GST has been considered by the Competent Authority, and Resolution No. 52 (Health Licensing) dated 21.01.2026 has been passed by the Council. 4. Now, to promote Ease of Living (Eol) and Ease of Doing Business (EoDB), it is decided, with the approval of the competent authority, as under: I. The Licenses/registrations issued under the FSSAI Act, 2006 shall be deemed to be licenses issued by the chairperson, NDMC under Section 318, Section 330 (within the permitted limits decided by the Competent Authority, NDMC regarding the number of hawkers), Section 331 and Section 325 of the NDMC Act, 1994. II. The GST registration shall be deemed to be the license issued by the Chairperson, NDMC under Section 318, Section 327 and Section 332 of the NDMC Act, 1994. III. It will not be mandatory for the existing establishment to obtain a Health Trade License from NDMC if it holds a valid FSSAI or GST 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 16/03/2026 at 16:32:21 W.P.(C) 2968/2026 registration, as applicable…The units operating without FSSAI/GST registration shall be treated as without Health Trade License of NDMC and suitable action as per NDMC Act 1994 will be initiated to prevent unlicensed operation.” [emphasis supplied] 14. Even though the requirement of having a separate health license has been done away with, the respondent/ NDMC is still responsible for the safety of life and property in relation to a property being used for purposes of running a restaurant. This is evident from paragraph 5 of the office order dated 23rd February, 2026, which is set out below: “5. The said recognition/deeming as permission /license of NDMC will be valid subject to the owner/occupier/operator complying with other legal norms and obtaining at his own level the requisite regulatory clearances from the authorities concerned, as applicable. It shall be the sole duty and responsibility of the owner/occupier/operator to ensure safety of life and property while running his trade and he will thus be solely liable for civil and criminal liabilities if there is any loss of life & property. No separate Health licence will thus be issued. In case any information regarding non-compliance of regulatory clearances is conveyed from authority concerned, NDMC shall initiate action for compliance of the same or enforce suspension/cessation of trade operation to prevent any risk of loss of life & property.” [emphasis supplied] 15. It is an admitted position that there is no sanctioned plan in respect of the premises even with NDMC since it is a very old construction. 16. In view of aforesaid facts and circumstances, Mr. Seth submits that the petitioner may be directed to provide a site plan along with a structural safety certificate. 17. Mr. Niyazi submits that a structural safety certificate has already been furnished to the respondent/ NDMC. 18. Be that as it may, let a copy of the site plan certified by a qualified architect along with a structural safety certificate be furnished to the 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 16/03/2026 at 16:32:21 W.P.(C) 2968/2026 respondent/ NDMC within four (04) weeks from today. 19. Accordingly, the present writ petition is disposed of with the aforesaid directions. 20. Consequently, all pending applications are disposed of. 21. All rights and contentions of the parties are kept open. AMIT BANSAL, J MARCH 10, 2026 Rzu 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 16/03/2026 at 16:32:21