Burger King A Unit Of Restaurant Brands Asia LTD Connaught Place vs. New Delhi Municipal Council

Facts

The petitioner, Burger King, a unit of Restaurant Brands Asia Ltd., operates a restaurant in Connaught Place, New Delhi. The petitioner has been running the restaurant since November 2014 with a seating capacity of 126, including a mezzanine floor. The grievance arose when the health license renewal in 2018 restricted the seating capacity to 22 on the ground floor, without approval for the mezzanine. An earlier writ petition led to a personal hearing, after which the respondent, New Delhi Municipal Council (NDMC), issued an order on February 13, 2026, reiterating the 22-seat limit. The petitioner argues they have operated with mezzanine seating since 2014 without safety concerns and that other similar restaurants also utilize mezzanine seating. The NDMC's concern is structural safety.

Held

The Court acknowledged the NDMC's concern regarding structural safety. While the NDMC's office order dated February 23, 2026, has done away with the mandatory requirement of a separate health license for establishments holding FSSAI and GST registrations, the NDMC retains responsibility for ensuring safety. The Court noted that it is an admitted position that there is no sanctioned plan for the premises. To address the NDMC's safety concerns and the petitioner's submission that a structural safety certificate has already been furnished, the Court directed the petitioner to furnish a copy of the site plan certified by a qualified architect, along with a structural safety certificate, to the respondent/NDMC within four weeks. The writ petition was disposed of with these directions, keeping all rights and contentions of the parties open.

Key Issues

1. Whether the NDMC's order dated February 13, 2026, limiting the petitioner's restaurant seating capacity to 22 on the ground floor is sustainable, considering the petitioner has been operating with mezzanine seating since 2014 without reported safety concerns and other similar establishments utilize mezzanine seating. (Mixed question of law and fact, concerning the interpretation and application of the New Delhi Municipal Council Act, 1994 and principles of natural justice). Petitioner's arguments: The petitioner contends that they have been operating with mezzanine seating since 2014 without any safety issues raised by authorities. They also point out that other restaurants in the vicinity have seating on their mezzanine floors, implying discriminatory treatment. They rely on their existing licenses and registrations as evidence of compliance. Respondent's arguments: The NDMC's primary concern is the structural safety of the building, including the mezzanine floor. They refer to their office order dated December 11, 2023, which mandates the submission of sanctioned or as-built plans for health license applications, and a subsequent office order dated February 23, 2026, which streamlines licensing for establishments with FSSAI and GST registrations, while still holding the owner responsible for safety.