The Delhi High Court Friday refused to direct the fire department to grant NOC to a guest house in Paharganj unless the owner demolishes the fourth floor of the premises, which is in violation of new building regulations.
Justice Vibhu Bakhru said the guest house would remain closed till the time its fourth floor is demolished and asked the owner to apply afresh for the fire safety certificate which would be then considered by the Delhi Fire Services (DFS).
The counsel for petitioner Dinesh Rampal, owner of Roop Kala Deluxe guest house, agreed that he would demolish the fourth floor and apply afresh for the no-objection certificate (NOC).
The Delhi government has made amendments in building rules after a massive fire in February at a Karol Bagh hotel here in which 17 persons were burnt to death.
Prohibiting rooftop and basement kitchens and not issuing fire-safety certificates to guesthouses with more than four floors are part of 10 amendments to the regulations.
The petition has challenged the DFS decision declining issuance of NOC to the guest house.
Delhi government standing counsel Ramesh Singh said they cannot grant fire NOC to the guest house with four floors as it was in violation of the building regulations.
The plea said DFS has informed the North Delhi Municipal Corporation that renewal of NOC to it will not be considered by the fire department as the building is built into ground plus four floors and as per a May 27 gazette notification issued by the Delhi government, no fire NOC will be issued to the guest houses having more than four floors, excluding basement and stilt floor.
It added that the petitioner has come to know that the authorities are planning to seal the premises soon and claimed that he has no violated any rules or guidelines and comply with all the conditions to get a fire NOC.
"The petitioner has now requested DFS to grant NOC only for the permissible area of the guest house but respondents (authorities) are not paying any heed to the petitioner's genuine and bonafide request...
"They are bent upon sealing the guest house causing serious loss, injury and prejudice to the petitioner and infringing his legal and fundamental rights...," it said.
It had sought quashing and setting aside of the action and July letter of DFS by which fire NOC was declined to the guest house.
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