Delhi High Court Orders Meeting To Devise Procedure For Fire NOC Needed For Electricity Connections In Old Buildings

  • Delhi High Court Orders Meeting To Devise Procedure For Fire NOC Needed For Electricity Connections In Old Buildings

    The Delhi High Court has directed the BSES Yamuna Power Limited (BYPL), Delhi Fire Service and the Municipal Corporation of Delhi (MCD) to devise a procedure for obtaining Fire Safety Certificates for electricity connections, particularly in old buildings where connections are being denied on account of the buildings exceeding prescribed height limits.Justice Amit Bansal directed the...

    The Delhi High Court has directed the BSES Yamuna Power Limited (BYPL), Delhi Fire Service and the Municipal Corporation of Delhi (MCD) to devise a procedure for obtaining Fire Safety Certificates for electricity connections, particularly in old buildings where connections are being denied on account of the buildings exceeding prescribed height limits.

    Justice Amit Bansal directed the authorities to hold a meeting on October 06 at 3 PM.

    “The meeting shall clearly delineate steps to be taken by persons occupying old buildings where electricity connection is being denied on account of buildings exceeding the statutory height parameters,” the Court said.

    The Court passed the direction while dealing with a plea filed by BSES Yamuna Power Limited (BYPL) concerning the requirement of a Fire Safety Certificate for grant of an electricity connection.

    The Court noted that the Delhi Fire Service in its response had stated that a consumer cannot directly approach it for grant of a Fire Safety Certificate and that the process has to be routed through the concerned local authority, i.e. MCD.

    The Fire Service, in its inspection report, also stated that no Fire Safety Certificate or NOC was issued in respect of the premises in question and that it had not received the building plans from the concerned local authority.

    It further clarified that determination of the height of a building does not fall within its statutory jurisdiction and has to be undertaken by the concerned local authority.

    The Court perused Rule 34 of the Delhi Fire Service (Amendment) Rules, 2025, under which building plans are to be submitted to the Fire Service through the local authority or another statutory authority.

    In view of the stand taken by the Delhi Fire Service, the Court impleaded MCD as a necessary party to the proceedings.

    The Court was informed by counsel appearing for BYPL that under the amended Schedule of Charges and the Procedure (Sixth Amendment) Order, 2021, a Fire Clearance Certificate is not required for electricity connections to residential buildings with dwelling units up to 15 metres in height without stilt parking and up to 17.5 metres with stilt parking.

    It was also submitted that for residential buildings exceeding the said height limits, electricity connection is to be released only after obtaining the requisite Fire Clearance Certificate.

    On this, the Court observed that the situation arising on the ground appeared to be that electricity distribution companies require a Fire Safety Certificate for buildings above the prescribed height.

    However, it noted that the Delhi Fire Service said that such certificate cannot be obtained directly by the consumer and has to be routed through MCD.

    Accordingly, the Court directed that a meeting be convened between the officials of the authorities on the issue. The authorities have been directed to coordinate and decide the venue of the meeting.

    The MCD and Delhi Fire Service have further been directed to file a status report based on the outcome of the meeting within six weeks.

    The matter will next be heard on January 20, 2027.

    Title: BSES YAMUNA POWER LIMITED v. MOHD. GULZAR & ANR

    Click here to read order

    Nupur Thapliyal

    Nupur Thapliyal is a Principal Correspondent with LiveLaw, based in New Delhi. She reports from the Delhi High Court and trial courts in the national capital

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