Full Text
REGD. No. D. L-33004/99
The Gazette of India
CG-DL-E-18062025-263960
CG-DL-E-18062025-263960
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 353J]
No. 353J]
NEW DELHI, WEDNESDAY, JUNE 18, 2025/JVAISTHA 28, 1947
MINISTRY OF CIVIL AVIATION
NOTIFICATION
New Delhi, the 18th June, 2025
G.S.R. 396(E). — The following draft of certain rules, which the Central Government proposes to make in
exercise of the powers conferred by sections 10, 11, 18, 20 and 33 of the Bharatiya Vayuyan Adhiniyam, 2024 (16 of
2024), is hereby published as required by section 34 of the said Act, for information of all persons likely to be affected
thereby; and notice is hereby given that the said draft rules will be taken into consideration after a period of twenty
one days from the date on which copies of the Gazette of India, in which this notification is published, are made
available to the public;
Objections or suggestions, if any, may be addressed to the Director-General of Civil Aviation, Opposite
Safdarjung Airport, New Delhi-110003 or mailed to dgoffice.dgca@nic.in;
Any objection or suggestion which may be received from any person with respect to the said draft rules
before the expiry of the period specified above will be considered by the Central Government.
Draft Rules
1. Short Title and extent. — (1) These rules may be called the Aircraft (Demolition of obstructions caused by
Buildings and Trees etc.) Rules, 2025 and shall come into force on the date of their publication in the Official Gazette.
(2) They extend to the whole of India.
2. Definitions and Interpretation. – (1) In these rules, unless the context otherwise requires, —
(a) “Act” means the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024);
(b) “Building” shall include any structure, whether permanent or temporary, erected within a specified area
around an aerodrome;
(c) “District Collector” shall include Deputy Commissioner, District Magistrate or any other designation used
by any State Government for the Officer-in-Charge of the District Administration;
(d) “Director General” means Director General of Civil Aviation;
(e) “Owner” shall include the person having the control of the building or tree, as the case may be;
(f) “Officer-in-Charge of an Aerodrome” shall mean the officer holding charge of the airport by whatever
designation known.
(2) The words and expressions used herein but not defined, and defined in the Bharatiya Vayuyan Adhiniyam, 2024
(16 of 2024) shall have the same meaning as assigned to them in the said Act.
3. Service of Notification on the owner and submission of report regarding violation. — (1) Where any
notification has been issued by the Central Government under sub-section (1) of section 18 of the Act and the officer-
in-charge of the concerned aerodrome has reason to believe that any building or tree exists in violation of the
provisions of the aforesaid notification, he shall serve a copy of the notification on the owner of the building or tree, as
the case may be, in accordance with the procedure laid down in sub-section (3) of said section.
(2) The officer-in-charge of the concerned aerodrome shall forthwith send a report of such violation to the Director
General, or any officer authorised by him in this behalf;
4. Order to furnish details. — (1) Where, a report under sub-rule (2) of rule 3 is received by the Director General, or
any officer authorised by him in this behalf, he may, by a written order, direct the owner of such building, or tree, to
furnish to the officer-in-charge of the aerodrome, within a period not exceeding sixty days of receipt of the order, a
plan showing the location of building, or tree, and also disclosing the dimensions or any other details specified in the
said order:
Provided that the period of sixty days may be extended by another sixty days by the Director General on
submission of reasonable grounds.
(2) Where, an order is issued under sub-rule (1), the owner shall be bound to furnish the information, and such details,
as specified in the order.
(3) An order under sub-rule (1) shall be served upon the owner in the manner as laid down in sub-section (3) of
section 18 of the Act.
(4) In case the details are not submitted as per sub-rule (1) within the period of sixty days or within the period
extended by the Director General, as the case may be, the details submitted by the Aerodrome Operator may be
considered as final.
5. Forwarding the details and their physical verification.- (1) The details furnished by the owner of the building or
tree, as the case may be, shall be forwarded by the officer-in-charge of the aerodrome to the Director General with his
comments.
(2) Before forwarding the details to the Director General, the officer-in-charge of the aerodrome shall satisfy himself
about the correctness of the details and for that purpose he shall be empowered to enter the premises in question and
carry out physical verification of the dimensions of the building or tree, as the case may be, during day light hours and
with reasonable prior notice to the owner, who shall be duty bound to extend full cooperation during such physical
verification:
Provided that in a case where the owner fails to cooperate, the officer-in-charge of the aerodrome shall be
free to forward details to the Director General with his comments based on whatever verification is possible.
6. Order. – (1) If the Director General, or any officer authorised by him in this behalf, on an examination of the
details forwarded to him by the officer-in-charge of the aerodrome, is satisfied, after giving the owner an opportunity
of being heard, that the building or tree in question does violate the provisions of the notification issued by the
Central Government under sub-section (1) of section 18 of the Act, he may pass an order in the matter directing the
owner to demolish the building, or to cut the tree, or to reduce the height of the building, or the tree, as may be
required for compliance with the provisions of the notification, within a specified period. In case of reduction in the
height of the building, or tree, as the case may be, the permissible height shall also be specified in the order:
Provided that in a case where the owner has failed to furnish details in response to the order under rule 4,
Director General, or any officer authorized by him in this behalf shall be empowered to pass an order based on
information made available to him by the officer-in-charge of the aerodrome, or any other reliable source. Further, the
"Director General or authorized officer, as the case may be, may issue directions for carrying out survey/study if
necessary to do so as per the provisions notified under section 18 of the Act.
(2) The order passed under sub-rule (1) shall be served on the owner through the officer-in-charge of the aerodrome,
in accordance with the procedure laid down in sub-section (3) of section 18 of the Act.
7. Appeal against the order. – (1) Any person, aggrieved by an order passed by an officer in exercise of the powers
conferred on him by these rules, may prefer appeals in accordance with the provisions of the section 33 of the
Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024);
(2) An appeal shall be made to the First Appellate Officer or Second Appellate Officer, as the case may be, in the
Form A along with the supporting documents and fee of one thousand rupees in the manner as specified by the
Director General.
(3) Such Appellate Officer may call for any information, record or any other document from the applicant, if the same
is considered relevant to the appeal.
(4) The appellate officer may, after giving an opportunity of being heard to the appellant, pass a speaking order, as he
thinks fit, confirming, modifying or setting aside the order appellate against.
(5) The copy of appellate order passed by appellate officer shall be provided to the appellant.
8. Owner to comply with order. – (1) The owner shall comply with the directions contained in the order passed
under rule 6 or confirmed or modified under rule 7, as the case may be, within a period of sixty days from the date of
such order.
(2) The owner may claim compensation in accordance with the provisions contained in section 22 of the Act.
(3) Any owner who, after the date of coming into force of the notification under section 18 of the Act, constructs, or
erects any structure in non-compliance of the provisions of the notification shall not be eligible to claim compensation
under sub-rule (2).
9. Non-compliance to be reported to the District Collector.- (1) If the owner fails to carry out the directions
contained in the order passed under rule 6 or confirmed or modified under rule 7, as the case may be, within a period
of sixty days from the date of such order, the officer-in-charge of the aerodrome shall report the matter to the District
Collector giving brief facts of the case and a copy of the order passed under rule 6 or confirmed or modified under rule
7, as the case may be.
(2) On receiving the report from the officer-in-charge of the aerodrome, the District Collector shall carry out forthwith
the demolition of the building or the cutting of the tree or reduction in height of the building, as the case may be, in the
same manner and by the same procedure as is followed in case of demolition of any unauthorized construction in his
district.
10. Delegation of power. — The powers exercisable by the Director General under these rules may also be
exercisable by any other officer specifically empowered in this behalf by the Central Government, in accordance with
the provisions of sub-section (4) of section 3 of the Act.
11. General Power to exempt. — The Central Government may exempt from all or any of the provisions of these
rules in accordance with the provisions of section 20 of the Act.
12. Repeal and Savings. — The Aircraft (Demolition of obstructions caused by Buildings and Trees etc.) Rules, 1994
stand repealed, except as respects things done or omitted to be done before such repeal including any notification,
inspection or order made or issued; permission or exemption granted; or any document or instrument executed; or any
direction issued; or any proceedings taken or any penalty, punishment, forfeiture or fine imposed under these rules so
repealed shall, in so far as it is not inconsistent with the provisions of the Bharatiya Vayuyan Adhiniyam, 2024
(16 of 2024).
FORM A
(See rule 7)
Form of appeal (First/Second) to the Appellate Officer
+----+-----------------------------------------------------+---------------------------------+
| 1. | Name(s) of the Appellant | |
+----+-----------------------------------------------------+---------------------------------+
| 2. | Address | |
+----+-----------------------------------------------------+---------------------------------+
| 3. | Email Address | |
+----+-----------------------------------------------------+---------------------------------+
| 4. | Phone No. | |
+----+-----------------------------------------------------+---------------------------------+
| 5. | First Appeal/ Second Appeal | |
+----+-----------------------------------------------------+---------------------------------+
| 5. | Order No. with Date, against which the appeal is | |
| | preferred | |
| | ( copy of the order to be enclosed) | |
+----+-----------------------------------------------------+---------------------------------+
| 6. | Name and Post of the Officer by whom the order is | |
| | passed | |
+----+-----------------------------------------------------+---------------------------------+
| 7. | Contravention of rules for which order was passed | |
+----+-----------------------------------------------------+---------------------------------+
| 8. | Operative part of order | |
+----+-----------------------------------------------------+---------------------------------+
| 9. | Date on which the copy of order received by the | |
| | appellant | |
+----+-----------------------------------------------------+---------------------------------+
| 10.| Date of completion of 30 days Limitation period | |
+----+-----------------------------------------------------+---------------------------------+
| 11.| Brief facts of the case | |
+----+-----------------------------------------------------+---------------------------------+
| 12.| Grounds of Appeal | |
+----+-----------------------------------------------------+---------------------------------+
| 13.| Prayer of the Appellant | |
+----+-----------------------------------------------------+---------------------------------+
| 14.| Fee and transaction details | |
+----+-----------------------------------------------------+---------------------------------+
| 15.| Other details with supporting documents, if any | |
+----+-----------------------------------------------------+---------------------------------+
Verification
I ---------------------------, the appellant, do hereby declare that what is stated above is true to the best of my information
and belief.
Name and Signature of the Appellant
Date:
Place:
[F. No. AV-11012/5/2025-DG]
SHOBHIT GUPTA, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.