The Ministry of Civil Aviation has released a draft of the Aircraft (Demolition of obstructions caused by Buildings and Trees etc.) Rules, 2025, inviting public comments and suggestions within a 21-day period. These proposed rules aim to establish a clear and structured legal framework for identifying and removing or reducing the height of buildings and trees that pose hazards to aircraft operations around aerodromes in India.
Framed under sections 10, 11, 18, 20, and 33 of the recently enacted Bharatiya Vayuyan Adhiniyam, 2024, these rules will extend across the entire nation. The core objective is to ensure the safety of air navigation by maintaining clear approach and departure paths and obstacle-free zones around airports.
Key Provisions and Procedures
The draft outlines a multi-step process for addressing violations:
Notification of Violation
If a building or tree violates height restrictions set by a Central Government notification (under Section 18(1) of the Act), the Officer-in-Charge of the concerned aerodrome will serve a copy of the notification to the owner and report the violation to the Director General of Civil Aviation (DGCA) or an authorized officer.
Upon receiving a report, the DGCA may order the owner of the obstructing structure or tree to furnish a plan showing its location, dimensions, and other specified details within 60 days. This period can be extended by another 60 days on reasonable grounds. If the owner fails to provide the details, information from the Aerodrome Operator may be deemed final.
Physical Verification
Before forwarding details to the DGCA, the Officer-in-Charge of the aerodrome will physically verify the accuracy of the provided information, including entering the premises during daylight hours with prior notice. Owners are legally bound to cooperate during this verification.
Demolition Order
If the DGCA, after reviewing the details and providing the owner an opportunity to be heard, confirms a violation, an order will be issued. This order will direct the owner to demolish, cut, or reduce the height of the building or tree to comply with the notification within a specified period. The permissible height will also be clearly defined in the order.
Compliance and Compensation
The owner must comply with the demolition or height reduction order within 60 days. Owners may be eligible to claim compensation as per Section 22 of the Bharatiya Vayuyan Adhiniyam, 2024. However, any owner who constructs a non-compliant structure after the enforcement of the initial notification will not be eligible for such compensation.
If an owner fails to comply with the order within 60 days, the Officer-in-Charge of the aerodrome will report the matter to the District Collector. The District Collector is then mandated to carry out the demolition, cutting, or height reduction using the same procedures followed for unauthorized constructions in their district.
Appeals and Oversight
Aggrieved parties may appeal against an order to a First or Second Appellate Officer as per Section 33 of the Bharatiya Vayuyan Adhiniyam, 2024, by submitting Form A with a fee of one thousand rupees. The DGCA also retains general powers to delegate responsibilities and grant exemptions from these rules in specific cases.
These new rules will supersede the Aircraft (Demolition of obstructions caused by Buildings and Trees etc.) Rules, 1994.
Public Consultation
All persons likely to be affected by these rules are encouraged to submit their objections or suggestions to the Director-General of Civil Aviation, Opposite Safdarjung Airport, New Delhi-110003, or via email at dgoffice.dgca@nic.in. The Central Government will consider all feedback received before the expiry of the specified 21-day period, i.e. by July 9, 2025.
