A casual glance at the red-canopied kiosk branded “Shyam Kachauri Samosé Wala” (G-11, Jaina Tower-2, District Centre, Janakpuri, New Delhi – 110058; proprietor – Surender Gupta, mob. 96253 80126) might tempt hungry visitors.
Look closer and you’ll see it sits exactly beneath – and partly inside – the emergency staircase/lift shaft redoubt on the ground floor (see photos above). That space is legally required to stay clear at all times for fire-fighting access and safe evacuation. By renting/selling it to a food vendor, the builder has created a perfect storm of life-safety violations.
What makes this set-up illegal?
| Code / Guideline | What it says | How the kiosk violates it |
|---|---|---|
| National Building Code of India, 2016 – Part 4 (Fire & Life Safety) 4.4.2 | Exit routes and refuge areas must be “kept free of any obstruction or combustible storage.” | The kiosk walls, cooking oil, LPG cylinders, snack packs and wooden stalls are all combustible obstacles. |
| Delhi Building Bye-Laws, 2016 – 6.4.3 & 6.7.1 | Staircase and lift cores are non-FAR (non-saleable) service areas; commercial activity is prohibited. | The builder has effectively monetised a non-saleable area by leasing it. |
| Delhi Fire Services Act, 2007 – Section 25 | Any alteration that compromises means of egress renders the Fire NOC void and attracts penalties. | With the staircase blocked, the tower’s Fire NOC renewal is liable to be rejected (and already has been flagged in earlier notices). |
Why this puts every occupant at risk
- Blocked escape – In a smoke-filled corridor, seconds count. A single kiosk could choke the only protected staircase/lift lobby for eight storeys.
- Added fuel load – Fryers, LPG cylinders, cardboard cartons and snack-pack foils dramatically raise the fire load right next to the exit.
- Electrical overload – Extension boards visible in the stall tap into the common riser, increasing chances of short-circuits.
- Structural stress – Unauthorised drilling to anchor shelves and awnings weakens the granite-clad column that already carries lift loads.
- Insurance & legal liability – Policies can be voided if owners/tenants knowingly allow code violations; criminal negligence clauses may apply.
A short timeline of builder non-compliance (highlights)
| Year | Violation snapshot |
|---|---|
| 1989 | DDA revoked original sanction for extra FAR and illegal mezzanines. |
| 2010-2024 | Multiple Fire-NOC renewals issued with “conditions”; complaints show conditions were rarely met. |
| Apr 2025 | Anarkali, Chandni Chowk fire tragedy reminds Delhi of the cost of blocked exits – yet this kiosk remains. |
| Jul 2025 | Residents file photographic evidence (the images in this post) to DDA & Delhi Fire Service. |
(Full chronology on https://jainatowerfacts.com/fire-noc-issues)
What residents & authorities should do now
- Serve a 24-hour removal notice under Section 430 of the DMC Act for obstruction of a common passage.
- Delhi Fire Service should reinspect and immediately suspend the tower’s NOC until the exit is cleared.
- RWA & occupants – lodge an FIR citing IPC Section 336 (endangering life or personal safety).
- Insist on a third-party structural & fire audit before any NOC renewal.
- Publicise – share these images and facts with neighbours, prospective buyers and the media; silence protects only the violator.
Call to action
If you shop, work or even walk through Jaina Tower II, realise that your lifeline in an emergency is currently a deep-fried snack counter. Demand its removal today – before a minor lapse becomes Delhi’s next headline tragedy.