Court says consumers cannot directly approach Delhi Fire Service under amended rules; impleads MCD and asks BSES, DFS and civic body to frame a workable procedure, including for old buildings.
The Delhi High Court has stepped in to address a procedural roadblock faced by residents of buildings above prescribed height limits while seeking electricity connections. The court noted that while electricity distribution companies insist on a Fire Safety Certificate or Fire NOC for such premises, the Delhi Fire Service (DFS) has clarified that it cannot issue the certificate directly to the consumer and that the process must be routed through the local authority, namely the Municipal Corporation of Delhi (MCD).
Justice Amit Bansal passed the order in a writ petition filed by BSES Yamuna Power Limited. The matter arose after an inspection report filed by DFS stated that, under the Delhi Fire Service Act, 2007 and the Delhi Fire Service (Amendment) Rules, 2025, building plans for certain occupancies must be referred by the local authority to DFS for fire safety guidelines. The report also clarified that DFS had not issued any Fire Safety Certificate/NOC for the subject premises and that verification of a building’s height is not within DFS’s statutory jurisdiction. According to DFS, such measurement must be carried out by the concerned local authority under the applicable building bye-laws and regulations.
After examining Rule 34 of the amended rules, the court observed that building plans are to be submitted to DFS through the local authority or other statutory authority, and only then can the Fire Prevention Wing issue fire prevention and fire safety measures to be incorporated into the building design. In view of this position, the court held that MCD was a necessary party to the proceedings and ordered its impleadment.
The petitioner, BSES Yamuna Power Ltd., informed the court that under the Schedule of Charges and the Procedure (Sixth Amendment) Order, 2021, no Fire Clearance Certificate is required for residential dwelling units up to 15 metres without stilt parking and 17.5 metres with stilt parking. However, for buildings above those limits, electricity connections are released only after obtaining the requisite Fire Clearance Certificate.
The court noted that the practical difficulty on the ground was clear: electricity discoms require a Fire Safety Certificate for taller buildings, but DFS says the certificate cannot be issued directly to consumers. To resolve this, the court directed that a meeting be convened between officials of BSES Yamuna Power Ltd., DFS and MCD to devise a procedure for obtaining Fire NOC for the purpose of electricity supply. The court specifically asked that the mechanism address the difficulties faced by occupants of old buildings whose electricity connections are being denied because the buildings exceed statutory height parameters.
The meeting has been scheduled for 6 October 2026 at 3:00 PM, with officials to coordinate the venue. The court further directed DFS and MCD to file a status report within six weeks of the meeting. The matter has been listed for further hearing on 20 January 2027.
Bottom Line :
Electricity connection for buildings above prescribed height requiring Fire Safety Certificate - Delhi Fire Service cannot be approached directly by consumer under Rule 34 of Delhi Fire Service (Amendment) Rules, 2025 - Building plans/fire safety process has to be routed through local authority/MCD - Court impleaded MCD and directed meeting between electricity distributor, Delhi Fire Service and MCD to devise procedure for obtaining Fire NOC, including for old buildings.
Statutory provision(s): Delhi Fire Service Act, 2007, Delhi Fire Service (Amendment) Rules, 2025 Rule 34, Schedule of Charges and the Procedure (Sixth Amendment) Order, 2021, UBBL-2016
BSES Yamuna Power Limited v. Mohd. Gulzar, (Delhi) : Law Finder Doc id # 2984390
