The civic body also clarified that the Delhi Fire Service Act, 2009, says that a restaurant with seating capacity for less than 50 people doesn't need a no-objection certificate from the fire department.
"However, during the periodical checking done by NDMC, if the restaurants are found exceeding the seating capacity without no-objection certificate from fire department, serious action will be taken against them," NDMC counsel Anil Grover submitted before Justice Rajiv Sahai Endlaw.
The court was hearing a plea of a welfare association of Khan Market seeking directions to the NDMC to carry out the redevelopment of the community centre there by including fire safety measures and sanitation arrangements.
The association had said that the Khan Market Community Centre Redevelopment Plan had received approval by the Delhi Fire Services (DFS).
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They placed a 2011 letter of the Chief Fire Officer in support of their contention and said the DFS had termed the plan as "acceptable".
It had also said that the plan was of 2013 so how can it be approved by a letter of 2011.
The NDMC had told the court that the plan submitted by the market has not been sanctioned due to "lack of consensus" between the petitioner, Khan Market Welfare Association, and Khan Market Traders Association on the issue of redevelopment.
The former represents traders on the first floor, while the latter represents those having shops on the ground floor.
The first floor restaurants comprise Urban Cafe, Amichi, Big Chill, Mamagoto, Barcelos and Town Hall among others.