01Facts
The petitioners are owners of properties on the second floor in Preet Vihar, Delhi, which were used for coaching centers and educational consultancy
pp. 3, para 4-5In 2025, the Municipal Corporation of Delhi (MCD) issued a show-cause notice for lack of a Fire NOC and subsequently passed a sealing order on May 29, 2025, citing non-payment of misuse/penalty charges
pp. 3, para 6-7In a previous round of litigation (W.P.(C) 9578/2025), the Court directed de-sealing subject to the petitioners filing an undertaking to use the property legally and paying requisite charges
p. 4, para 8Following this, the MCD issued demand letters for conversion and misuse charges in July 2025
pp. 4-5, para 10A speaking order was passed by the Deputy Commissioner of MCD on January 29, 2026, quantifying the charges and identifying the activities under Clause 15.7.1 of the Master Plan for Delhi (MPD) 2021
pp. 5, para 14-15The petitioners challenged these calculations and the requirement of a Fire NOC via the present writ petitions
pp. 6, para 17-1902Issues
i.1. Whether coaching and tuition centers are mandatorily required to obtain a Fire NOC regardless of the floor from which they operate.
p. 7, para 23ii.2. Whether the Court, under writ jurisdiction, can adjudicate upon the factual accuracy of conversion charges, parking charges, and misuse penalties calculated by the MCD.
p. 9, para 2903Law Applied
The Court applied the Master Plan for Delhi (MPD) 2021, specifically Clause 15.7 regarding mixed-use and Clause 15.7.1(J) concerning "Other Activities"
p. 5, 9It relied heavily on the Division Bench precedent in Sanjay Singhal v. State Govt. of NCT of Delhi (W.P.(C) 12182/2016), which established that Fire NOCs are mandatory for coaching institutes to ensure public safety, irrespective of whether they operate from a basement or any other floor
pp. 6-7, para 20, 23Furthermore, the Court adhered to the principle that "purely disputed questions of fact" regarding monetary calculations by statutory authorities cannot be entertained in writ proceedings under Article 226
p. 9, para 29Provisions in the judgment · 3
Master Plan for Delhi, 2021 Section 15.7Section 15.7.1Section 15.7.3
04Reasoning
The Court observed that the legal requirement for Fire NOCs for coaching centers is res integra following the Sanjay Singhal decision, which interpreted Clause 15.7.3(vii) of the MPD 2021 and the Delhi Fire Service Rules, 2010, as requiring fire safety compliance for all such establishments to protect life and property
pp. 7-8, para 23Although the petitioners argued they had vacated the premises, the Court held they remained bound by the requirement to obtain a Fire NOC for any future coaching operations
p. 8, para 24Regarding the monetary demands, the Court noted that the MCD had already conducted a personal hearing and passed a speaking order adjusting previously paid amounts
pp. 8-9, para 26-27Since the petitioners' grievances centered on the specific quantification of these charges, the Court determined these were factual disputes that fell outside the scope of writ jurisdiction, especially as the MCD had followed due process and provided a reasoned calculation
pp. 9, para 29-3005Holding
The Court dismissed the writ petitions, holding that the requirement for a Fire NOC is mandatory for coaching centers
p. 10, para 30It further held that it would not interfere with the MCD's calculation of charges as they constituted disputed questions of fact
p. 9, para 29The Court directed the MCD to de-seal the subject properties only upon the petitioners paying the requisite charges as communicated in the letter dated February 3, 2026
p. 11, para 31Original Court PDF
Heena AleemvsMunicipal Corporation Of Delhi & Ors.
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