Delhi High Court Scrutinizes Private Fire Safety Audits
The Delhi High Court has raised critical questions regarding a recent legal amendment allowing private auditors to certify fire safety compliance in buildings. This legislative change, which replaces mandatory inspections by government fire officers, has prompted the court to issue a notice to the Delhi government, the Delhi Fire Service, and the Lieutenant Governor’s office.
On Wednesday, a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia expressed concerns about the delegation of essential fire safety functions to external parties. The bench inquired, “You are delegating your essential functions. Is this permitted? This is the essential function of the fire department. Can you delegate it? There is a problem.” The court has directed the concerned authorities to respond within four weeks, with the next hearing scheduled for December 12.
PIL Challenges Amendment to Fire Safety Regulations
The court’s inquiry comes in the wake of a public interest litigation (PIL) filed by Umed Singh Chhillar, an 84-year-old former Indian Army officer and retired Delhi Fire Service member. Chhillar, associated with the Institution of Fire Engineers (India), challenges the amendment to the Delhi Fire Service Act, 2007. According to Chhillar, the newly notified Delhi Fire Service (Amendment) Rules, 2026, weaken the existing fire and life safety safeguards in the capital.
The petition highlights concerns over the empowerment of building owners to hire private fire safety auditors, effectively reducing the accountability of the Delhi Fire Service in case of fire-related incidents. Additionally, the petition criticizes the shift from time-bound renewal inspections to perpetual fire safety certificates, contingent only on annual self-declarations.
Chhillar’s plea also disputes the amendment’s compliance with Section 63 of the 2007 Act and the removal of references to the National Building Code, which is essential for regulating building construction activities.
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Implications of Private Certification
Highlighting recent fire incidents in Delhi and other cities, the petition argues that private certification could undermine independent verification processes. It also raises concerns that firefighters might lack critical information about building layouts during emergencies due to the reduced oversight.
The petition has been filed through Advocates B Shravanth Shanker and Shivam Kunal, with Advocate Avishkar Singhvi presenting the case. The Delhi government’s representation was managed by its Standing Counsel Sameer Vashisht.
